Can Foreign Parents Transfer a Thai Condo to a Foreign Child? Gifts, Sales and Inheritance
A foreign parent who owns a Thai condominium may want to pass it to a child. A lifetime gift, a genuine sale and inheritance follow different rules. Being family does not automatically make the child eligible to hold ownership: start with the child's qualifying category under Section 19 of the Condominium Act. [1][2]
For the wider ownership framework, see Foreign Property Ownership in Thailand Guide 2026.
1 A lifetime gift is different from inheritance
A gift transfers ownership while the parent is alive; inheritance follows death. An inheritance ruling does not establish that the same transfer can be registered as a lifetime gift. [2][3]
A child relying on Section 19(5), the qualifying-money route, should not assume a gratuitous gift can be registered. Department of Lands guidance treats this route as a purchase involving payment for the unit. A different category, such as qualifying permanent residence, requires separate examination. A long-stay visa is not permanent-resident status. [1][2]
2 A genuine sale needs matching money evidence
For a purchase under Section 19(5), qualifying money evidence must cover at least the price of the unit being purchased. The routes include foreign currency brought into Thailand and qualifying withdrawals from specified non-resident baht or foreign-currency accounts. Evidence is not necessarily one identical FET form in every case. [1]
The sale and payment must be real. Do not document a fictional sale to conceal a gift or declare a price that misrepresents the transaction. The purchase-price evidence rule is separate from the valuation bases used for taxes and fees.
Read Foreign Condo Purchase Funds FET and Banking Evidence for the money-documentation topic.
3 Can the child reuse the parent's old FET
Not automatically. The old evidence supported the parent's acquisition. A new lifetime purchaser must satisfy their own qualifying route and documentation. A family relationship or will does not replace purchase evidence. [1][2]
Giving the child money to buy is also different from gifting an already-owned condo. If a parent sends the funds, ask the receiving bank and responsible Land Office to check the sender, purchaser, recipient, payment purpose and documents before remitting. A parent's name as sender does not lead to the same acceptance or refusal in every case.
4 Adding a child as co-owner is a transfer
Adding a name transfers a share of ownership. The child must qualify; a purchase of a share under Section 19(5) needs appropriate evidence for that acquisition. [1][2]
The general foreign quota concerns total unit floor area, not the number of units. A foreign-to-foreign transfer does not itself increase foreign-owned area, so a full quota alone does not establish that resale is impossible. Check the unit's legal status and registration conditions. [1]
5 Inheritance can follow a different analysis
Department of Lands guidance recognises a foreign heir succeeding to a foreign deceased owner's Section 19(5) status. In that situation, the heir is not required to dispose of the unit under Section 19 sept merely because they did not remit the original purchase funds. [3]
This is not a blanket rule for every deceased owner or every estate. Check the deceased's status and inheritance documents. Where an acquirer is outside Section 19, Section 19 sept may require notice within 60 days and disposal within one year of acquisition. Apply those deadlines only after identifying the relevant case. [1][3]
See Foreign Inheritance of Property in Thailand.
6 A minor does not need court permission for every purchase
Land Department guidance distinguishes a purchase with lawful representation or consent from disposal or mortgage of a minor's property. However, a parent selling to their child while also acting as the child's representative raises a possible conflict of interests. Section 1575 and related rules must be checked; court permission may be required. Do not assume the parent can sign both sides. [4]
A foreign child's capacity may depend on nationality law, so age 20 is not a universal answer. Future sales or mortgages may also involve protective court procedures. [4][5]
7 Should the child buy from the outset
It may avoid a second transfer when the child qualifies and ownership is the family's intended outcome. It is not best for every family: consider age, authority to manage the property, funding, taxes and later disposal needs.
Before choosing a route, check the child's eligibility, title, quota, mortgage, family or estate documents, and obtain the responsible Land Office's confirmation of the proposed transaction and paperwork before paying.
Frequently asked questions
Is gifting money the same as gifting the unit? No. They are different transactions; any documented purchase must be genuine.
Does an heir always need new purchase remittances? No. Succession to a foreign deceased owner's Section 19(5) position requires separate analysis. [3]
Does adding a name bypass money requirements? No. It is an ownership transfer requiring the recipient's eligibility to be checked.
Return to Foreign Property Ownership in Thailand.
Sources
- [1] Condominium Act and amendments
- [2] Department of Lands foreign ownership guidance
- [3] Department of Lands inheritance interpretation chapter foreign persons question 8
- [4] Department of Lands registration manual minors and conflicting interests
- [5] Conflict of Laws Act legal capacity
- [1] Condominium Act Amendment No 4 BE 2551
Considering a property with this structure?
We check the title and the remaining term, explain the lawful options and introduce independent lawyers for the legal work.
General information; check the actual transaction and documents before transfer. General information, not legal or tax advice. Kathy & Co. is a real estate agency, not a law firm; this article has not been reviewed by a lawyer. Confirm your transaction with the competent Land Office and an independent Thai lawyer.