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Mexican Law/Marriage in Mexico


I, a U.S. citizen, married a Mexican national in Mexico. Not understanding the law, I signed for property in "comun" when we married. My wife and I are not divorcing, but for the purpose of passing on our property to heirs, she believes that when we married she automatically was entitled to half of all my property accumulated in the U.S. prior to the marriage. My feeling is she is entitled to only half the property that we acquired together here in Mexico. I want to leave some property I still retain in the north to my biological children, but now her claim clouds this. What are our respective rights concerning property in U.S. acquired before marriage?

Hi Pablo,

Your interpretation of the law is correct. Any property that belonged to you before the marriage stays with you and does not become part of the common property. It doesn't matter that the property was acquired in the US. If you had Mexican property before the marriage, that property also falls outside of the community property regime.

Hope this helps,

Lic. John Lee Ward
Córdoba, Veracruz

Mexican Law

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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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