FREQUENTLY ASKED QUESTIONS
How can I change the name of the title to a property?
In order to change the name of the holder of a title to a property, there has to be a cause that justifies such a change. This cause can be voluntary, such as a purchase and sale; can be compulsory, such as a judicial adjudication; can be gratuitous, such as a gift, or onerous, like in a sale; it can be caused among the living, like in a contract, or can be by cause of death, such as in a probate. Each case is different, and a consultation with a Notario is suggested.
What documents are needed to transfer a property?
First of all, the document that justifies the right to dispose of the property, such as (a) the title or deed of property, as well as other documents required by local laws: (b) a certificate from the local authorities, showing the property is current in its taxes and contributions, (c) a certificate from the public registrar, showing the title is unencumbered, (d) a certifies plot of the property, (e) the Street number assignment document, (f) the official taxpayer number (RFC) and the (CURP) number of both seller and buyer; (g) two pieces of identification, (h) proof of current address and (i) evidence of how the price was paid, if there was a cost. Since each case is different, we recommend consulting a Notario.
Can I pay in cash for the transfer of a property?
According to current money laundering laws, there is a limit to how much cash can be used as payment. Currently, in what pertains to real property, you can only use cash to pay up to the equivalent of 8,025 times the minimum daily wage.
How is a property transfer taxed?
A real estate transfer operation can be taxable in the federal level, with (a) Income tax and (b) Added value tax; as well as in the local level, being such the case of: (c) Real property acquisition tax, and (d) Fees for recording of title in the Public Registrar. Bear in mind that each case is different: not all transfers cause the Added Value Tax (IVA); and in certain instances individuals may be entitled to an exemption. Each case must be analyzed on its own terms.
When can I make my testament?
You can make your testament at any time. Nevertheless, there is a national campaign to promote testaments in September of each year, when notario’s fees are reduced to those who wish to do so at that time.
Can I inherit my children in life?
No, the inheritance will always take effect upon death. What you can do while living, is make gifts to whom ever you desire.
Can a person make a testament if is unable to read and write?
Yes, but in that case, the will must be read out loud by the notario as well as by someone else designated by the tester. And if the tester cannot sign, another person must sign on its behalf and request.
What happens if I lose my deed?
The Notario keeps your original deed (escritura) for a period of five years. After that, it is sent to the General Archive of Notaries, for final safekeeping. What you receive in original is a "testimonio" which is a certified literal transcript of your deed and accompanying documents. Is you loose your "testimonio", you can always get another from the Notario or from the General Archive.
I live in Tijuana, but have properties elsewhere. Can I make my transactions here?
Yes, of course. The notario can prepare your documents even if the property is out of state, as long as the signing of the deed takes place in the territorial area assigned to the Notario.
Can the Notario go to another country or state to attest a signature?
No, the notario can only discharge his responsibilities in his assigned territory, but within it, he can prepare documents related to properties located elsewhere. Receiving signatures out of territory causes the invalidity of the instrument; and in some jurisdictions, such as Mexico City, it is also a felony.
How are the fees of the Notario set?
The notario’s fees are fixed by the State Governor in a fixed Schedule that is published in the Official newspaper of the State. Notarios must charge exactly what is indicated in the Schedule, no more, no less.
What do I need to certify a copy of a document?
For a notario to certify a document, the original must be presented to him, as well as the copy to be certified. After confronting both and finding them in agreement, the notario will make a certification on the copy, attesting it coincides with the original.
Can I use the services of a Notario for the adoption of a minor?
No, a Judge of family matters must do that.
Can a Notario divorce me?
No, a competent Judge must do that, or it can be done at the Civil Registry if it is an administrative divorce.