Mexican Law/re:

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QUESTION: My mother in law who resides in Guanjuato, Mexico wants to put her house in the name of my husband, who is her son. She told him that he needed to send some document to mexico notarized from here stating that they will transfer the name of the house from his dad's name (he is deceased) to my husband's name. What is the correct way to do this being that we live in Texas? We want it to be legal in Mexico. I would appreciate any help on this.

ANSWER: Hello,

It is unclear if your husband is the beneficiary on the deed or not.  To be safe you should get a copy of the most current deed or certificate of freedom of liens (Certificado de Libertad de Gravamen) to see how the title is currently held and if there are any beneficiaries listed.  

If the property is in the name of a deceased person, then the only way to transfer it it by probate or invoking the beneficiary clause.

For any transaction in Mexico both buyer and seller or transferor and transferee need to sign the new deed, hence the need for a power of attorney.  Powers of attorney are often misused so you need to be careful when you grant or give one.  

Please try to provide me with more information so that I in turn can clarify my responses.

Thank you
Spencer McMullen, Esq.

---------- FOLLOW-UP ----------

QUESTION: Thank you for your prompt response, Mr. McMullen. My husband states that he is not listed as the beneficiary on the deed to that house. He states that he thinks it is only his dad's name on it. He is not sure if his mother's name is on it or not. He says his mother could be power of attorney if that is what needs to be done, however, does that need to be done in Mexico or can we draft one up here and send it there? I am not sure if anything can be done on this side relating to this. I hope this is enough information, if not I would gladly try to get more information. Also, whatever documentation is needed, could you tell me what it is in English and in Spanish so I can tell my husband. He doesn't understand English too good and I am not not good at Spanish Legal words.

Thank you very much!
Monica

Answer
Both grantor and grantee need to sign real estate deeds in Mexico.  If one party is not in Mexico and needs a power of attorney there are three options:

1)  Sign a power of attorney (poder) at the nearest Mexican consulate prepared by them
2)  Sign a power of attorney prepared by the Mexican notary at the Mexican consulate
3)  Sign a power of attorney prepared by the Mexican notary in front of any notary public in your state and then get an apostille from your state's Secretary of State.

Let me know if this help.

Take care
Spencer  

Mexican Law

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Lic. Spencer Richard Mc Mullen

Expertise

All general law questions regarding Mexico. Birth / Death / Marriage certificates / Apostilles as well as real estate documents from the State of Jalisco and dual nationality. Licenciado en Derecho (Mexican law degree) Cedula 7928026 / Estatal 114067), Postgraduate Specialty Degree and 8 postgraduate diploma degrees, official Jalisco State Court Translator (Perito Traductor), US Consulate and Guadalajara Municipal Translator

Experience

Law degree, specialty degree, postgraduate courses, intern for 3 years in State Civil Court in Chapala, Jalisco, interned 1 year in Jalisco State Supreme Court, extensive ongoing continuing education, past and present litigation in all types of courts (Federal, State, District, Agrarian, Criminal, Administrative, Tax, Business, Family, Civil, Unitarian, Appellate, Municipal), Internship in a Notary Public office

Organizations
Barra Mexicana de Abogados, ANADE Colegio de Abogados, Mexican Translators Association, Colegio de Abogados de Derecho Fiscal y Administrativo del Estado de Jalisco, Colegio de Abogados de Chapala,

Publications
Yuculandia, Informador, Lake Chapala Reporter, Guadalajara Reporter, Chapala.com, Insidelakeside.com, Good Morning America, ABC News Texas, Various online news sources,

Education/Credentials
Licenciado en Derecho (Law Degree) - Universidad America Latina, Especialidad en Derecho Procesal Civil y Mercantil (Specialty Postgraduate Degree) - Universidad Panamericana, Jalisco State Judicial Council Authorized Court Translator, Municipality of Guadalajara Authorized Translator, Federal Banking and Insurance Commission Arbitrator, Postgraduate diploma course in Condominium Administration, Postgraduate diploma course in Procedural Law, Postgraduate diploma course in Contractual Law, Postgraduate diploma course in Human Rights and Extraordinary Constitutional Writs, Postgraduate diploma course in Administrative Law, Postgraduate diploma course in Notarial Law, Postgraduate diploma course in Corporate Law, Postgraduate diploma course in Municipal Law, Certified Attorney ANADE Colegio de Abogados 2013, 2014, 2015 Mortgage Agent Certification - Mexican Association of Financial Intermediaries, California Real Estate Broker License US Federal Mortgage License Various courses in civil, business and tax law

Awards and Honors
Certified Attorney ANADE Colegio de Abogados 2013, 2014, 2015

Past/Present Clients
Large corporate clients as well as individuals and estates

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