Love, Marriage and Real Estate in Mexico

Posted by Mexlaw

February 14th marks the annual day of love and romance, and in Playa del Carmen it is also a day of Bodas Colectivas (collective wedding), a mass wedding sponsored by the Solidaridad municipality on Valentine's Day. It will be a beautiful day for many happy couples, and although it is an exciting event in one's life, we have to play devil's advocate and suggest some legal considerations for married couples in Mexico. Permission to Marry a Mexican National Foreigners marrying Mexican nationals require the approval of the Mexican Migration office. The document is called "Permiso para contraer matrimonio con un nacional," and...

22 January

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International Legal Matters Through Letter Rogatory

Posted by Mexlaw

in Legal Services, MexLaw

Rogatory letters are a formal request from the court in one country, to be executed in the court of another. For instance, a court order may be obtained in Canada or the US and be carried out in Mexico. The letter rogatory may be used for civil or commercial matters. One example of the use of a letter rogatory would be a divorcing couple with shared property in Mexico; the wife lives in Canada, and the husband lives in Mexico on their Mexican property. In the case where the husband, in Mexico, is not cooperating with the split of assets...

09 January

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Important Considerations of the Construction Contract

Posted by Mexlaw

in Legal Services, MexLaw

Whether you are hiring a contractor for new construction or a renovation project in Mexico, it is imperative to have a contract with your contractor. Construction contracts are designed to establish the obligations between a builder and an owner of a property concerning the execution of work. Its primary purpose is to determine the price, terms, and the manner in which work must be carried out according to the conditions agreed in the contract. The construction contract between individuals is regulated by the Federal Civil Code and the commercial code. Before proceeding with a construction contract, it is important to consider some...

13 December

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The Condominium Regime in Mexico

Posted by Mexlaw

in Legal Services, MexLaw

What is the condominium regime and why is it important? The condominium regime is a document granted by a Notario Publico and recorded in the Public Property Registry, and until the developer has received the regime, the new buyers do not have legal title to the property. In some instances this process can take up to six months. Once the state and local municipalities approve the project, the regime is the legal approval issued by the government. The regime contains the rules and regulations of the development. It also includes the legal documents of the property including location, description and measurements of...

15 November

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Details of a Bank Trust for Property Purchased in the Restricted Zone (Fideicomiso en Zona Restringida)

Posted by Mexlaw

in Legal Services, MexLaw, Real Estate

As a foreigner purchasing property in the restricted zone, you will be required to purchase through a bank trust called a fideicomiso. The bank trust was created in order to comply with the provisions of Article 27 of the Mexican Constitution in which foreigners are limited from acquiring direct title of lands or waters within a range of 100 kilometers from any national border and within 50 kilometers from any coast, these areas are called restricted zones. The bank is the owner of the property. However, the beneficiary has all rights over the property, and the rights allow you to: sell,...