One question

Can my wife of 11 years (Thai national) me (UK) hold a 'Foreign Freehold' on our condo if a mortgage is attached?

I am in full time employment in Thailand and hold a work permit. I am therefore in a position to obtain a mortgage and be the guarantee for my wife's mortgage. When we (she) bought the condo it was for sale as a 'Foreign Freehold' and this is what we believed we had. Recently, it has come to light that the legal representative acting on our behalf did not register the condo at the land office as 'Foreign freehold' and bases her argument on the fact that Thai nationals can not own Foreign Freeholds with a mortgage attached to the property. She has since sold the freehold to another condo in our building. I know there are other issues but baby steps first. I would appreciate it if anyone can throw light on the question.

No, she can't if the condo is in her name.

First of all you need to resolve the lack of foreign quota that you asked about in another thread you started:

http://www.thaivisa.com/forum/topic/910276-thai-national-owning-foreign-freehold/

The advice there is the same as here, see a lawyer

There is no such thing as a Foreign Freehold. Condo units are listed by the JPM according to who owns them - either a Thai or a foreigner.

If your wife is Thai and she owns the condo then the condo is in the Thai quota.

The thing is, this will only matter if:

1. You want to sell the unit, and

2. You want to sell it to a foreigner, and

3. At the time you want to sell, the 49% foreigner quota is maxed out.

Easiest thing is to ask in the condo office what the current ratio is. Many buildings don't come anywhere near maxing out the foreign quota.

Even if the ratio is maxed out, things can change. A foreigner can sell to a Thai, creating an opportunity for a Thai to then sell to a foreigner. Ratios can and do change over time.

Don't get your knickers in a twist thinking the title deed has been improperly registered. As I said before, it doesn't work like that.