Job Discussion Forums

jfurgers · Joined: 18 Sep 2005 Posts: 442 Location: Mexico City

Here's one for you guys who are or have been married to a Mexican. After I get my FM3, would I be able to have my name put on the apt unit my wife owns here in the D.F.?
For example, when we were in the States, both of our names were on the house we had. Now, her nephew and sister are on the apt. Personally I don't feel comfortable with that since I can't stand to be on the same planet with her so-called family.
Anyone have experience in this area?? My wife says she's not sure, but I don't trust her when it comes to her nephew and sister. Any words of wisdom??
I know I can't have a bank account until I have my work visa so I'm wondering about property also.

MELEE · Posted: Mon Jul 07, 2008 5:20 pm Post subject:

You do not need an FM3 to own property in Mexico (unless this has changed recently) foriegners of any immigration status (or non, if you buy from abroad) can own property as long as it is outside of the restricted zones (DF is.)

You will also want to check how your marriage in registers. I know here in Oaxaca there are two classes of civil weddings, one which joins all the assessts of the couple and one in which they remain separate. You will need to know this if something terrible were to happen.

Guy Courchesne · Joined: 10 Mar 2003 Posts: 9650 Location: Mexico City

As far as I've seen, you absolutely need at minimum an FM3 to own property in Mexico, as well as permission from SRE, unless you have an FM2 or better. The restricted zones Melee refers to are any lands within 50 km of the coast or an international border.

jfurgers · Joined: 18 Sep 2005 Posts: 442 Location: Mexico City

MELEE · Posted: Mon Jul 07, 2008 9:54 pm Post subject:

http://www.sre.gob.mx/tramites/sociedades/tema2e.htm

You don't need an FM3 or FM2, if you are applying to buy land in Mexico you just need to show migratory status (of any sort), lots of retires own land and come in each year as a tourist.

BUT I think if your marriage is registered as the type that joins assessts, you are the legal heir no matter who's name is on the deed. Your wife should just call a lawyer to get the names changed.

notamiss · Posted: Mon Jul 07, 2008 10:06 pm Post subject:

About the two kinds of civil marriages, this applies to all Mexico, and if you want to check it out, the terms you are looking for are bienes separados and bienes mancomunados; being respectively marriage without or with community of property (http://en.wikipedia.org/wiki/Community_property).

Guy Courchesne · Joined: 10 Mar 2003 Posts: 9650 Location: Mexico City

MELEE · Posted: Tue Jul 08, 2008 3:59 pm Post subject:

I do know retirees who own and come in as tourists each fall, but they bought quite some time ago. Also when I got my permission the guy mentioned he had just done one for a man who was not currently in Mexico but buying through an agent. Again, this was nearly 5 years ago and we all know how quickly things can change around here.

Samantha · Joined: 25 Oct 2003 Posts: 2038 Location: Mexican Riviera

Right. You do NOT need anything more than a tourist card to purchase property. You can obtain the Fideicomiso in order to have property in the restricted zone on a tourist card no problem. When you really need your FM3 is when you go to sell it, otherwise there is an issue with capital gains tax or similar.

thelmadatter · Posted: Sat Jul 12, 2008 6:22 pm Post subject: SRE

Anyone who is not a Mexican citizen must get permission from SRE to buy property in Mexico. It has to do with the "Calvo Clause" in the Mexican constitution. The foreigner must agree to be treated in all matters relating to the property as if s/he were a Mexican citizen and not involved their own govt in anyway.

That and its a way to get $4600 pesos out of your pocket!