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Mexican Law/Disposition Rights of Community Property

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QUESTION: As a US citizen and resident, in 2009 I married a Mexican national woman who lived in Monterrey, NL. We decided to buy a condo in that area. She was working at the time and qualified for a loan from Infonavit. The down payment as well as the required government retirement account were funded from gift money given to me as a wedding gift by my parents. Since then, all the monthly payments have been submitted by her, but with my money, as she has never worked since that time. I purposefully waived and kept my name off title out of security concerns for her. But I was told that in order for her to sell the property, I would need to sign a transfer deed.

In late 2012, she received her US visa and green card, and moved here. Now we are divorcing in the US.

I would like to know what my rights are to that property and how to secure them. Do I have the right to 0%, 50% or 100%? I don't think there is any increased equity, but I have no appraisal. Can I force a sale? What should I do, and I presume I need to act quickly before my divorce here is final?

Thank you.

ANSWER: Hello!

50% depending on your specific case.

About that expenses: Do you have tickets, receipts, etc.?

About your marriage: Common goods or separated goods? Children? Where was your marriage?

I'm at your service.

Thank you very much for visiting me at AllExperts.com




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

QUESTION: Hi, and thank-you for answering my question. I might still have receipts that trace the down payment.  I will need to search and see if I do. We were married in Monterrey, and the property is in Apodaca. It was a common property (goods) marriage. No children together.

Thank you!

Answer
Hello again!

Ok. Answers:

1. 50%
2. Yes, you can. If she has a job she can pay your 50% if not, is possible a sale.
3. Yes, you are right. You must talk about that property before divorce. After divorce you may lose your rights on that property. Keep your tickets, receipts and any payment because are your proofs about your expenses in your marriage.

Any doubt, let me know it please.

Thank you very much for visiting me at AllExperts.com  

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L. A. G. M.

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Mexican Attorney Graduated from National Autonomous University of Mexico (UNIVERSIDAD NACIONAL AUTONOMA DE MEXICO) LL.M (in progress) International Consultant since 1999. Who's Who Historical Society (U. S.) Member (Membership: 5509192). Business Administrator. Graduated from Metropolitan Autonomous University (at Mexico City) -UNIVERSIDAD AUTONOMA METROPOLITANA- Studies of Political Science at Autonomous University of Mexico City. (UNIVERSIDAD AUTONOMA DE LA CIUDAD DE MEXICO) Studies of Foreing Affairs at National Autonomous University of Mexico's Faculty of Political & Social Sciences. Attorney in Mexico City, Estado de Mexico, Hidalgo, Morelos, Queretaro, Michoacan, Puebla and other states.

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Mexican Attorney graduated from National Autonomous University of Mexico (UNIVERSIDAD NACIONAL AUTONOMA DE MEXICO). Business Administrator graduated from Metropolitan Autonomous University (UNIVERSIDAD AUTONOMA METROPOLITANA) at Mexico City. LL.M. in progresss

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