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Mexican Law/Property/Inheritance


You recently answered a question inquiring about transfer of property and dual citizenship.  I have a similar problem except that my children do not have dual citizenship with Mexico. I am recently divorced to a Mexican National who has permanent residency in the U.S..  We have four adult children. My ex-husband owns property in Jalisco, Mx. What can my children do to obtain the property in the event of his death? Or, is there a way for him to add his children to the deed?  I read the requirement of obtaining dual citizenship, but one of the requirements is to live in Mexico for 5 years. This is not feasible because they have their careers and family in the U.S. Please advise.  Thank you.

Hi Lydia,

Your children would probably inherit the property no matter what according to the laws of intestate succession. However, the better way to handle things would be for your ex to donate the property to the children in vivo. He can reserve a life estate (usufructo vitalicia) to insure tat the property is not sold while he is alive and that he can use it). Your children can own the property even though they are not Mexican citizens.

Hope this helps...


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John Lee Ward


I can respond to any question related to Mexican Law and common business practices in Mexico. I can also compare and contrast between the American and Mexican legal systems.


Licenciatura en Derecho from the Universidad del Golfo en Cordoba, Veracruz. (Cedula Profesional No. 5713238) Maestria en Derecho from the Universidad de Cristobal Colon en Veracruz, Veracruz. (Cedula Professional No. 6358321) Currently a Candidate for a Doctorado en Derecho from the Universidad de Cristobal Colon. 5 years of litigation experience in Mexico.

Bachelors in Electronic Engineering, California Polytechnic State Univ. Juris Doctor, Concord University in Los Angeles Licenciatura en Derecho, Universidad del Golfo, Mexico Maestria en Derecho, Universidad de Cristobal Colon, Mexico Doctorado en Derecho (In Progress), Universidad de Cristobal Colon, Mexico

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