# Property Transfer



## Mcjensen (Nov 17, 2015)

Hi,
How would a parent go about transferring property in San Caros to their child?
thanks , Mcjensen


----------



## chicois8 (Aug 8, 2009)

never heard of san caros..........what state?


----------



## Mcjensen (Nov 17, 2015)

*Transfer of property*



chicois8 said:


> never heard of san caros..........what state?


Sorry,
How would a parent go about transferring property (house) in San Carlos, Mexico to their child?
thanks , Mcjensen


----------



## TundraGreen (Jul 15, 2010)

Mcjensen said:


> Sorry,
> How would a parent go about transferring property (house) in San Carlos, Mexico to their child?
> thanks , Mcjensen


I have my children listed as the beneficiaries on the escritura for my house. And I have a Mexican will listing them as the beneficiaries. I have done my part, it will be their problem to transfer the title, but I am assuming any notario publico will be able to do it for them with minimal effort.

If you are talking about transferring property while you are still alive, then you just need to see a notario publico and have them draw up a compraventa (buy-sell agreement) and escritura (title).


----------



## GARYJ65 (Feb 9, 2013)

TundraGreen said:


> I have my children listed as the beneficiaries on the escritura for my house. And I have a Mexican will listing them as the beneficiaries. I have done my part, it will be their problem to transfer the title, but I am assuming any notario publico will be able to do it for them with minimal effort. If you are talking about transferring property while you are still alive, then you just need to see a notario publico and have them draw up a compraventa (buy-sell agreement) and escritura (title).


Why not "donación". It would be cheaper


----------



## TundraGreen (Jul 15, 2010)

GARYJ65 said:


> Why not "donación". It would be cheaper


You mean to transfer title while you are living? You probably know better than I.


----------



## WintheWin (Jul 15, 2015)

If you do a "contra to de donation" which is like a transfer to a child/beneficiary. Something along those lines… it's cheap and you don't have to pay some taxes on the property. The tax exemptions occur because the house isn't being sold for profit, but being "transferred" for use. The cool thing about this, is that if your children try to use the house as collateral on loans or any such thing, you're allowed to "take back" the property and "save" it from being "Embargada." Or something along those lines is what my grandma's notario told her.


----------



## stanburn (Jan 19, 2009)

sonora, outside of Guaymas.


----------



## Mcjensen (Nov 17, 2015)

WintheWin said:


> If you do a "contra to de donation" which is like a transfer to a child/beneficiary. Something along those lines… it's cheap and you don't have to pay some taxes on the property. The tax exemptions occur because the house isn't being sold for profit, but being "transferred" for use. The cool thing about this, is that if your children try to use the house as collateral on loans or any such thing, you're allowed to "take back" the property and "save" it from being "Embargada." Or something along those lines is what my grandma's notario told her.



Thanks for all the responses...."contra to de donation" or "ompraventa and escritura" sounds alot easier than transferring property in the States or Europe. 
---Mcjensen


----------



## ojosazules11 (Nov 3, 2013)

WintheWin said:


> If you do a *"contra to de donation"* which is like a transfer to a child/beneficiary. Something along those lines… it's cheap and you don't have to pay some taxes on the property. The tax exemptions occur because the house isn't being sold for profit, but being "transferred" for use. The cool thing about this, is that if your children try to use the house as collateral on loans or any such thing, you're allowed to "take back" the property and "save" it from being "Embargada." Or something along those lines is what my grandma's notario told her.


I think your auto spell check was on - I presume you mean "Contrato de donación" or "Donation Contract"

There is also the concept of "usufructo" in which even if someone donates the house to a family member, the donor can stipulate they have the right to continue to use the house, e.g. until their death (if they wish). I'm not sure how this works in Mexico - Gary might. In Guatemala I know that for instance if someone owns a house that their elderly mother lives in, they can stipulate in their will that even if the owner dies, whoever inherits the house has to respect the "usufructo" of the elderly mother. In other words, the elderly mother cannot be kicked out, and the person inheriting the house has to let her live there for as long as she wishes or until her death.


----------



## Mcjensen (Nov 17, 2015)

Usufruct sounds like the best solution if possible in Mexico. Who would be the one in Mexico to
draw up this type of contract?


----------



## citlali (Mar 4, 2013)

Yes it is how the usufruit works in theory. It is a very common way to pass on property in France. The usufruit is extremely important without it the parents can get kicked out and there are many cases where this has happened so speak to a notario to have the papers in order and see if you can do that in Mexico and if it is the right way to do it.


----------



## GARYJ65 (Feb 9, 2013)

Mcjensen said:


> Usufruct sounds like the best solution if possible in Mexico. Who would be the one in Mexico to
> draw up this type of contract?


I would recommend a "corredor público" if not, a "notario público" would do the trick


----------



## WintheWin (Jul 15, 2015)

GARYJ65 said:


> I would recommend a "corredor público" if not, a "notario público" would do the trick


Shop around for notaries' publicos. Some of them will want to charge you up the…
And others are much more reasonable. Do this in person though, and not over the phone. 
Walk up, explain clearly what you're looking for, and ask what the transaction will cost, if at least generally. 

Some places have a tendency of saying one thing, and then tacking on misc extra fee's along the way.


----------

