DLang

Thai daughter giving me 30 yr house lease for free.

68 posts in this topic

My biological Thai daughter born in Thailand with Thai and Western passports owns a house in Thailand that she wants to lease to me (EU National) for 30 years, a usufruct? for free obviously.

 

Is this possible?

 

A contract with a sum of money could of course be drawn up or whatever if it is not allowed to be free? Is there a minimum amount that has to be 'paid' to the owner? 

 

What is the process for doing so?

 

Thanks.

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A usufruct is better as those can be 'free'. A lease without a price is harder, best to just imagine a fair price and pay taxes over that.

 

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1 hour ago, Khun Jean said:

A usufruct is better as those can be 'free'.

Thanks.

 

I presume there's no issue in getting a usufruct from your child on a property (house+land) that they own?

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Not to my knowledge.

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ID: 7   Posted (edited)

I presume the child is 20 or over and the legal owner.

 

If the child is still a child the property can be in their name, but it will need to have a Thai 'guardian' usually the Thai parent, who will need to go to court for the property to be used for anything - collateral for a loan etc etc or to be sold/transferred.

 

I would guess that that would also be needed for a usufruct to be given on the property. 

 

That until the child is 20 and the full owner without guardianship you cannot get a usufruct, or any other sort of legal right of habitation for the property.

Edited by Happy Grumpy
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ID: 9   Posted (edited)

2 hours ago, Happy Grumpy said:

I presume the child is 20 or over and the legal owner.

 

If the child is still a child the property can be in their name, but it will need to have a Thai 'guardian' usually the Thai parent, who will need to go to court for the property to be used for anything - collateral for a loan etc etc or to be sold/transferred.

 

I would guess that that would also be needed for a usufruct to be given on the property. 

 

That until the child is 20 and the full owner without guardianship you cannot get a usufruct, or any other sort of legal right of habitation for the property.

I was just going to ask same question / say the same to OP - a minor (under 20) cannot grant Usufruct, and not all Land Offices will accept a Lease (with a fee for taxation).

 

It sound like OP's daughter is already the owner, otherwise make the Usufruct or Lease and declare it, before transferring the property to the minor daughter's name...

Edited by khunPer
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40 minutes ago, flexomike said:

No problem, just did this last week do not know what the minimum amount can be for the lease, daughter was going to do it for ten baht, but wouldn't work in there system, think she ended up putting down 100 baht per year, in and out in less than two hours, this was done at our land office in Klaeng, Rayong, cost was less than 200 baht if I remember right, go for it

Interesting.

 

What did you get, a usufruct or 30 yr lease? 

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14 minutes ago, khunPer said:

It sound like OP's daughter is already the owner, otherwise make the Usufruct or Lease and declare it, before transferring the property to the minor daughter's name...

Would that involve:

 

1) buying it in the name of the Thai parent.

2) Getting a usufruct or 30 yr lease in your name.

3) With a usufruct/30 yr lease in your name you get the Thai parent to transfer it into the child's name with them (or another Thai) being the 'guardian'.

 

?

 

:huh:

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ID: 13   Posted (edited)

Here you go: Usufruct

Edited by Khun Jean
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Why not just keep things on an informal basis? All the OP will be doing is feed lawyers.

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A usufruct will cost about 100 baht.

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BANGKOK 27 July 2017 14:00
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