(855) 851-5000





MEXLAW > Immigration  > Love, Marriage and Real Estate in Mexico

Love, Marriage and Real Estate in Mexico

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 it must be applied for in the office which has jurisdiction in the city where the marriage will take place.


Residency Through Marriage

Marriage to a Mexican citizen will enable the foreign spouse to obtain a temporary visa and eventually permanent residence. The marriage will grant a foreigner one-year temporary residency, which may be renewed for a total of two years. Once the two years as a temporary resident is complete, they may apply for permanent residency. No financial records are required, and the process may be initiated and completed within Mexico.

Joint Ownership or Non-Joint Ownership

The couple must specify whether they wish to marry under the system of Joint Ownership Property (sociedad conyugal) or a Non-joint Ownership Property (separación de bienes).

  • The Joint Ownership means 50% of the assets acquired before or during the marriage belong to your spouse in case of death or divorce, and both partners are responsible for any debts taken on during the marriage.
  • The Non-joint Ownership means each spouse retains his or her assets as if the couple were not married and each spouse is solely responsible for their own debt.

Purchasing Property as a Couple

When it comes to purchasing real estate as a couple, the foreign spouse should take specific measures to protect themselves. A foreigner spouse cannot purchase property in the restricted zone, 50 km from the ocean and 100 from the Mexican border without a trust, however, a Mexican citizen may buy within in this area with direct title.  

During the honeymoon stage of the relationship, it may seem like a great idea to purchase the property in the Mexican spouse’s name to avoid bank trust set up and annual fees and hold a free title on the property. But, in the event, the marriage dissolves either due to divorce or if the Mexican spouse passes away, the foreign spouse will not be able to claim the property without first transferring the property to a fideicomiso.

Forming a Corporation to Purchase Real Estate

The safest solution would be for a couple to form a Mexican corporation in both names in order to purchase property in the restricted zone. The corporation protects both spouses and ensures the property will not be subject to claims from other parties.

Same-Sex Common-Law Partnerships

Same-sex couples living in a common-law relationship may consider purchasing real estate through a corporation since some Mexican courts still consider common-law marriage a union between a man and a woman. Same-sex marriage is legal in Mexico, but same-sex common-law unions may face challenges when it comes to property, separation or the death of a partner and will only qualify as common-law spouses if they can provide proof of their union from the country of origin. Purchasing property through a corporation owned by both partners protects their investment.

Mexican Will

Foreigners investing in Mexico should have a Mexican will to ensure your partner can claim their share of the property as there are no survivor rights in Mexico. As owners of a corporation a will should be in place since the statutes state you cannot inherit your shares; a will is required to designate the shares to your partner.

If the property is bought through a fideicomiso the beneficiary of the property will be listed in the trust.

Non-Titled or Ejido Property

If the couple’s home is built on Ejido land, the foreign spouse is not able to claim the property; only Mexican citizens are entitled to this property, and Ejido property cannot be purchased by a corporation.

For more information regarding forming a corporation, estate planning and real estate purchases contact@mexlaw.ca

For more info about the Bodas Colectivas 2018, visit www.municipiodesolidaridad.gob.mx

You may also be interested in


We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. We also share information about your use of our site with our social media, advertising and analytics partners.By using this site, you agree to our Privacy Policity
Cookies settings
Privacy & Cookie policy
Privacy & Cookies policy
Cookie name Active

Privacy Policy

What information do we collect?

We collect information from you when you register on our site or place an order. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address or mailing address.

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways: To personalize your experience (your information helps us to better respond to your individual needs) To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you) To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs) To process transactions Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested. To administer a contest, promotion, survey or other site feature To send periodic emails The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to?keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be kept on file for more than 60 days.

Do we use cookies?

Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business. If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders by contacting customer service. Google Analytics We use Google Analytics on our sites for anonymous reporting of site usage and for advertising on the site. If you would like to opt-out of Google Analytics monitoring your behaviour on our sites please use this link (https://tools.google.com/dlpage/gaoptout/)

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.


The minimum information we need to register you is your name, email address and a password. We will ask you more questions for different services, including sales promotions. Unless we say otherwise, you have to answer all the registration questions. We may also ask some other, voluntary questions during registration for certain services (for example, professional networks) so we can gain a clearer understanding of who you are. This also allows us to personalise services for you. To assist us in our marketing, in addition to the data that you provide to us if you register, we may also obtain data from trusted third parties to help us understand what you might be interested in. This ‘profiling’ information is produced from a variety of sources, including publicly available data (such as the electoral roll) or from sources such as surveys and polls where you have given your permission for your data to be shared. You can choose not to have such data shared with the Guardian from these sources by logging into your account and changing the settings in the privacy section. After you have registered, and with your permission, we may send you emails we think may interest you. Newsletters may be personalised based on what you have been reading on theguardian.com. At any time you can decide not to receive these emails and will be able to ‘unsubscribe’. Logging in using social networking credentials If you log-in to our sites using a Facebook log-in, you are granting permission to Facebook to share your user details with us. This will include your name, email address, date of birth and location which will then be used to form a Guardian identity. You can also use your picture from Facebook as part of your profile. This will also allow us and Facebook to share your, networks, user ID and any other information you choose to share according to your Facebook account settings. If you remove the Guardian app from your Facebook settings, we will no longer have access to this information. If you log-in to our sites using a Google log-in, you grant permission to Google to share your user details with us. This will include your name, email address, date of birth, sex and location which we will then use to form a Guardian identity. You may use your picture from Google as part of your profile. This also allows us to share your networks, user ID and any other information you choose to share according to your Google account settings. If you remove the Guardian from your Google settings, we will no longer have access to this information. If you log-in to our sites using a twitter log-in, we receive your avatar (the small picture that appears next to your tweets) and twitter username.

Children’s Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Updating your personal information

We offer a ‘My details’ page (also known as Dashboard), where you can update your personal information at any time, and change your marketing preferences. You can get to this page from most pages on the site – simply click on the ‘My details’ link at the top of the screen when you are signed in.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Your Consent

By using our site, you consent to our privacy policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page.
Save settings
Cookies settings