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Getting Property Deed transferred to another name

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On 5/31/2019 at 2:20 PM, Kyle said:

In Mexico if the deed is in both your names it means you each own half.  When one dies the other person has to pay taxes on 50% of the value of the property.

Yes.  That is correct.

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I think the Mexican concept is that you are not the owner of the other 50% so you have to become the owner before you have any rights on the property and this is why you have beneficiaries and wills.. It is to designate who had the right to the property but you still have to be the owner of it, which is spelt out in the deed. If your name is not on both parts of the 50% you cannot sell 100% of the property,  It seems pretty clear to me.

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3 hours ago, bmh said:

 If your name is not on both parts of the 50% you cannot sell 100% of the property, 

EXACTLY!

And quit thinking everything here is a simple scenario like "Foreign Husband and Wife buy a property in Mexico and one of them dies...". There are COUNTLESS other possible complications and questions of ownership.

--A fifty year old deed contains a beneficiary clause that's no longer relevant to current situation (but was never changed)

--Oh, look! There's a surprise will nobody knew about!

--Multiple children/heirs from inside the marriage....or children/heirs from outside the marriage

--Whoops! There are extra husbands or wives in the background... (never legalized that divorce from #1, or #2, or...maybe we were never really married?)

And on and on and on. Imagine the possibilities. It's not a "rubber stamp the new deed" situation. Sometimes there are multiple owners of a single piece of property. Legal ownership has to be proven for good reason. Go talk to your favorite Notario.

 

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When I bought the house in Chiapas  the deed was in the name of the woman. SHe was not married legally but had lived with a man for many years and had 4 children from him. The notario still insisted that the man signed a quit claim on the property before we deposited the money in his account, which were her instructions...... it can get complicated here.. Hs name was not on the deed but the notario said you never know..

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Here's a brief update on the situation.  I am correct about the amount of the tax.  The Notario actually has an attorney do all the work, and there is a title search and some other things that need doing for the transfer and that s how the Notario fees are so high.  Evidently, it's just not as simple as I would like it to be.  A Mexican will is definitely needed.  Also, you cannot just place a beneficiary of your choice on your property deed.  Here is must be a relative.  So in effect the will does not complete the task, but allows you to leave the property to a non relative.  Even so, it appears some type of probate will still be needed.  This is why there are properties here with so many heirs over many years and the deed remains in the original person's name as the cost of doing all this is so ridiculous.  Many simply cannot afford it.

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SO net net you need a notario to do the transfer, like it or not  and the price of the fee is what it is..

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