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Can I add spouse's name to property deed/title?


kimanjome

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Quick question: can I purchase a property in Mexico in my own name, and then, at a future date, add my spouse's name to the title /deed?  To make the property joint ownership? This would be similar to a Quitclaim deed in the USA. To do a QCD in the US it would possibly cost about $125 for the lawyer to print out the form, then another $20-100 or so in recording fees at the local courthouse.  Just wondering, as spouse and I had planned on a joint closing, but we cannot both make it to Mexico at the same time.  So, one of us will go and purchase the property as a sole owner, then add the spouse to the title when the spouse arrives in Mexico. 

Thanks.

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Depends if your husband can´t be there for some time. A Notario/Notaria takes months to write up the title or "escriptura" in my experiences and more than a few weeks; up to 6 months before you actually get the title written and registered and then get your copy. If he can´t come until later than that possibly they can wait even longer to process it to include his name - no rush. You pay the seller and get possesion of the house before all this happens anyway.

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Yes, talk to a notario or lawyer. Changing an escritura is not the same simple and cheap procedure as changing a deed NOB. It is very expensive. (We looked into changing the beneficiaries on the escritura.) Maybe playing with the timing of the signing - as AlanMexicali suggested - might work. Otherwise, figure out a way to be here at the same time.

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Yes, talk to your Notario.

Another option would be to do your Mexican will, at the same time as your closing and with the same Notario. At least then, your spouse would be covered should something happen. I believe in Murphy's Law.

The above is what I did but named my stepson in the will. He now has that will in his hands, in Canada. The Notario told me, at the time, that probate would take about two weeks, give or take a month ;).

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I do not think it is a good idea to add a name..but, talk to a notario. It is common in Mexico to have the escritura in one person only.. I own a property in Chiapas without my husband and I have a will leaving it to him. When we bought the property this is what the notario in Chiapas advise me to do. I do not know if it is still the same but you need to get a permit from SRE to buy a property if you are a foreigner but I am sure the notario will remind you of that.

Talk to the notario before doing anything.

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1 hour ago, bmh said:

I do not think it is a good idea to add a name..but, talk to a notario. It is common in Mexico to have the escritura in one person only.. I own a property in Chiapas without my husband and I have a will leaving it to him. When we bought the property this is what the notario in Chiapas advise me to do.

Talk to the notario before doing anything.

Isn´t he the beneficiary on the "escriptura"?. Better idea and more powerful than a will if problems arise with the will later on I´d bet.

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49 minutes ago, AlanMexicali said:

Isn´t he the beneficiary on the "escriptura"?. Better idea and more powerful than a will if problems arise with the will later on I´d bet.

Again, I just went through this with Notaria #2. I could NOT name my stepson the beneficiary on the Escritura (deed) because he was NOT a blood relative of mine. I would sincerely hope that your husband or wife is not a blood relative...

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52 minutes ago, Ferret said:

Again, I just went through this with Notaria #2. I could NOT name my stepson the beneficiary on the Escritura (deed) because he was NOT a blood relative of mine. I would sincerely hope that your husband or wife is not a blood relative...

https://translate.google.com/translate?sl=es&tl=en&js=y&prev=_t&hl=es&ie=UTF-8&u=http%3A%2F%2Fwww.milenio.com%2Ffirmas%2Fla_benemerita_opina%2FTestamento-simplificado-designacion-beneficiario_18_463933651.html&edit-text=&act=url

This article explains Jalisco residential real estate "escripturas" -  joint spouse ownership and husband - spouse beneficiary laws. It seems to favor the husband being the main principal. Maybe each state has different residential real estate laws, I don´t know.

 

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31 minutes ago, AlanMexicali said:

https://translate.google.com/translate?sl=es&tl=en&js=y&prev=_t&hl=es&ie=UTF-8&u=http%3A%2F%2Fwww.milenio.com%2Ffirmas%2Fla_benemerita_opina%2FTestamento-simplificado-designacion-beneficiario_18_463933651.html&edit-text=&act=url

This article explains Jalisco residential real estate "escripturas" -  joint spouse ownership and husband - spouse beneficiary laws. It seems to favor the husband being the main principal. Maybe each state has different residential real estate laws, I don´t know.

 

First, gotta ask why you keep putting a "p" in Escritura?

Thank you for the link and sorry, but the translation was awful.

I will get legal advice from a Notario... not from a web forum... and not from the internet. YMMV. My experience has just happened, within the last year, here in Ajijic with Notario #2, whom I respect and trust. Since I am now a widow and have no children of my own, perhaps the circumstances dictated a different approach. Dunno. The OP should get advice from THEIR OWN Notario.

 

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17 minutes ago, Ferret said:

First, gotta ask why you keep putting a "p" in Escritura?

Thank you for the link and sorry, but the translation was awful.

I will get legal advice from a Notario... not from a web forum... and not from the internet. YMMV. My experience has just happened, within the last year, here in Ajijic with Notario #2, whom I respect and trust. Since I am now a widow and have no children of my own, perhaps the circumstances dictated a different approach. Dunno. The OP should get advice from THEIR OWN Notario.

 

I have been pronouncing the word that way for decades.

The OP hasn´t even looked at houses to buy yet but might like some info. on what is involved [maybe that is why the OP asked the questions]. As far as Jalisco residential real estate laws are concerned it appears according to the article in Jalisco they can have joint ownership and a spouse can be the beneficiary on the title, not only blood relatives.

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My house is in Chiapas and I did what the notario told me to do which was a will not a beneficiary. Yes each state as it own rules  but they all fall under the federal law as well.

In CHiapas the notario recommended against joint ownership because we are married under the community property and therefore husband and wife cannot enter into legal contracts . This is what I was told in Chiapas.

 

In Jalisco we each own 50% of the house . As we have a will I do not worry about beneficiary in the deed.

In France under the Napoleonic law spouses do not inherit from each other , only blood relatives can inherit such as parents or sibling  otherwise the blood relative can challenge the beneficiary. If they are no blood relatives the taxes are high.

NOt sure how it works in Mexico about the beneficiary but if you are married under the regime of the community and the house was purchased while married the other spouse has rights to the property whether they are in the deed or not.

When we bought the house in Chiapas the house was in the name of a woman who had a common law husband and the notario insisted that the husband signed a release when she sold her house.....so it al depends under what regime you are married. I thought it was interesting that the common-law husband had to sign but the notario said it was safer that way.

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Changing title here costs serious money, to add someone to title you could pay 5% of 50% of the value in closing costs as there is a transfer tax of up to 2.5% of value, 1% more or less notary fee and other incidental costs of around 1% ish.

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And, when you sell you want your spouse's name on title assuming she is a temporary of permanent resident for tax purposes. So, why not at beginning?

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They cannot both travel to Mexico “at the beginning“ for the closing. Therefore; the question. 

Probably best to just close in one name, make a Mexican will at the same time with the other spouse as heir. 

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47 minutes ago, RVGRINGO said:

They cannot both travel to Mexico “at the beginning“ for the closing. Therefore; the question. 

Probably best to just close in one name, make a Mexican will at the same time with the other spouse as heir. 

But does not solve tax issue when selling.

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On March 30, 2017 at 9:35 PM, kimanjome said:

Quick question: can I purchase a property in Mexico in my own name, and then, at a future date, add my spouse's name to the title /deed?  To make the property joint ownership? This would be similar to a Quitclaim deed in the USA. To do a QCD in the US it would possibly cost about $125 for the lawyer to print out the form, then another $20-100 or so in recording fees at the local courthouse.  Just wondering, as spouse and I had planned on a joint closing, but we cannot both make it to Mexico at the same time.  So, one of us will go and purchase the property as a sole owner, then add the spouse to the title when the spouse arrives in Mexico. 

Thanks.

It looks like Intercasa, a Mexican lawyer, has your answer. If you can afford those kinds of extra costs, go for it. If that sounds like throwing money down a rat hole change the closing date or have your wife change her plans.

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54 minutes ago, RVGRINGO said:

Permanent residents will probably have no “tax issues“ if they have used the property solely as their primary residence for several years before selling.

I know that RV. I just don't get why having BOTH names on the deed would make any difference to what is owing or not owing.

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I am not a notario and I am also sure Spencer can answer better. Realtors contact me to quickly help those selling who are tourists to obtain a TR or PR visa. Either one saves on tax. It is not a capital gains as expats understand it. My understanding and open to being educated: every person on title who is a citizen, or temporary resident or permanent resident when selling their principal resident gets to claim the first ~3,600,000 pesos of the selling price as being tax free. The amount above that is taxed at about 30%. So if husband and wife, both TR or PR are selling a property held jointly the first ~7,200,000 pesos is tax free. This exemption until very recently was every 5 years but now it is every 3 years. I also believe if you have done major renovations and have legal facturas those may be claimed but few have them.

One client's property is worth over 20,000,000 pesos and is trying to get husband and son's on title but first to be TR. It also means they have to be here a few weeks to complete visa process. 

Notarios in SMA also want a person to have an RFC issued and placed on their TelMex and / or CFE bills which I do for their clients. 

I also know of a hotel with one owner that is about to close with a sale price of $3,700,000 US. The listing realtor is friend. The buyer comes with his own accountant from Mexico City and promised total closing costs with tax and real estate fees of about $400,000. So, if I was selling a business I would also have a very good accountant.

The above is a very simple view and certainly open to correction.

 

 

 

 

 

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I started a new topic in Mexico General that links an article from Vallarta MLS on this topic. All comments on that article are appreciated.

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