Transcript of the above video:

As the title of this video suggests, we are discussing Thai Condos, specifically the foreign and the Thai quota. Before I get into that, so for those who are unaware, foreign nationals are prohibited from owning land in the Kingdom of Thailand specifically real estate, property as we call it but there is an exception of that with regard to condos. Pursuant to the Thai Condominium Act, it is possible for a foreign national to own Freehold Title, what we might call Fee Simple Absolute in the American context or Fee Simple in the Common Law context; in other jurisdictions they may refer to that as Freehold Title. Here in Thailand, Chanote Title or Freehold Title with a Chanote Title Deed, that is possible for a Thai condominium but there is a quota. So only 51% of the total condominium can be ‘Chanoted’, can be titled or 51% or more must be titled to a Thai; only 49% can be titled to a foreign national, so 49% is the maximum. So that is the thing to take away and to understand going into this as a preface.

I thought of making this video after reading a recent comment on a prior video, quoting directly: "This only covers foreign to foreign freehold transfers. If you have a Thai spouse it won't transfer because it is a foreign quota is my understanding. The property would have to be sold to a foreigner or a union or the unit reclassified to a Thai quota, a rather difficult challenge converting the property is my understanding." 

So what they are talking about here is let's say somebody dies, they have their foreign quota but they have a Thai spouse, are you sort of stuck in the foreign quota? Not necessarily and in fact that is kind of the cat bird seed if you will, it is kind of a good position to be in because the foreign quota is oftentimes more sought after, especially in popular condominium complexes. So yeah, you are going to have to go through the transfer process and in the event of the death of a foreign spouse, you are going to have to deal with what is effectively probate, what we would call in the Common Law vernacular, probate; what they call it in the Thai vernacular or the English translation of the Thai vernacular, basically succession here in Thailand. You're going to have to deal with that first but then yeah, getting title for a Thai is not ever going to be precluded because a foreigner was involved, that's always been our experience, I'm not overly worried about that. But yeah this quota issue overall, it's something to be concerned about especially when it operates the other way and it could go to a foreigner, that could be a real problem because then you have got the quota issue going the other way and if you have already hit the 49% that threshold could operate as like kind of a hard barrier which would preclude transfer to that foreign widow/widower. 

So again, when thinking about these quotas, it is something you have to bear in mind but it hasn't been my experience at least that moving it from a foreign spouse to a Thai spouse in the event of death has ever been much of an issue but the overall quota system is something to bear in mind.