# Wife Wants ACTA sent to her in OAXACA



## mcse9073 (Apr 8, 2011)

Wife ran off on me and the kids in Oaxaca. My life investment, our home in her name there as she changed it behind my back,now she wants me to send her the ACTA to sell house. Says she will split the money. We are not divorced yet. I am thinking I am going to loose the house anyway as she is Mx and I am ******. I have the kids now in the USA. Property "our home" is Comunal in Zicatela, Puerto Escondido. I have the kids , ACTA, and an abandonment report. No money she cleaned the bank. Should I send ACTA? Do I have anything to loose?

PS: She is pregnant with Fernados Baby hmmmmmmmmmmm


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## Guest (Apr 9, 2011)

mcse9073 said:


> I have the kids , ACTA, and an abandonment report. No money she cleaned the bank. Should I send ACTA? Do I have anything to loose?
> 
> PS: She is pregnant with Fernados Baby hmmmmmmmmmmm


Only things you could lose now is your half of the house, your kids and your self respect. (sorry - tough love) If you have the ACTA, she couldn't have legitimately changed title of the house without a forged signature which a court would disavow.

Get an attorney in Oaxaca. If that won't work, then get one from MX City. Half is yours, a judgement will force a sale of the house, and go for sole custody of your kids (they must be dual citizens, right?) and severance of her parental rights based on abandonment. Whatever you had in the bank when she left, half was yours, and so you should get more than half of the house sale proceeds.

Mano duro when necessary. If not, give up everything you left behind, prepare for the possible loss of your kids if she gets a judgement and a court order against you, etc. In that case, maybe she would name her new kid after her patron.


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## mcse9073 (Apr 8, 2011)

I originally put the acta in kids name but she changed it with lawyers there. How could she take the kids after abandoning us? I have an abandonment report. Had to get it befor I left mexico. The Mexican GVt was going to take my kids as there was no mexican parent with us and they are dual citizens. So I had to come back to the USA or else. Its all a scam down there to steal our property. Now I need to know whether to try and let her sell the house there or wait till the divorce hoping a judge will make a fair order but I will divorce her here in USA. The American Consulate said do not go back. They will take your kids and your house. Think I should send her the acta and trust that she will give me half when it sells? She wont ever divorce me in Mexico she cant afford the lawyer and if she does the property might be lost anyway because its comunal and she wont pay the taxes or live there. What to do?


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## kazslo (Jun 7, 2010)

mcse9073 said:


> I originally put the acta in kids name but she changed it with lawyers there. How could she take the kids after abandoning us? I have an abandonment report. Had to get it befor I left mexico. The Mexican GVt was going to take my kids as there was no mexican parent with us and they are dual citizens. So I had to come back to the USA or else. Its all a scam down there to steal our property. Now I need to know whether to try and let her sell the house there or wait till the divorce hoping a judge will make a fair order but I will divorce her here in USA. The American Consulate said do not go back. They will take your kids and your house. Think I should send her the acta and trust that she will give me half when it sells? She wont ever divorce me in Mexico she cant afford the lawyer and if she does the property might be lost anyway because its comunal and she wont pay the taxes or live there. What to do?


It sounds like you've accepted that there is a big chance you'll never see any money from the sale of the house. As a matter of 100% opinion, I'd follow the consulate's advice and not return, just mail out the acta and anything else relevant to her, and move on in life with your children. But before doing anything, you really should talk to a lawyer to ensure an international custody battle/kidnapping charge won't ensue.


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## latacharita (Apr 8, 2011)

By ACTA are you talking about the Escrituras (title documents) of your house? How do you know she actually got the title put into her name? I don't see how she did that if you have the original Escrituras in your possession. Do you have proof for this, or you are just believing what she says? I'm not sure I'd believe anything she says at this point---maybe she's bluffing you.

If you send her the Escrituras, it's pretty much a foregone conclusion that you will never receive your share of the sale of the house. If you want to try to get your half, you will have to hire a lawyer and go back and fight it, but don't take the children with you. If there is anyone at all in Mexico that you can trust 100%, perhaps you can give them power of attorney to represent you so that you don't have to go back. 

The first step would be to find out whose name really is on the Escrituras at this point in time. To do this you (or someone you trust) will need to go to the Registro Público de la Propiedad de Oaxaca and find out whose name is on the document.


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## tepetapan (Sep 30, 2010)

Take it slow, take it easy. Otherwise 5 years from now you will be regretting the whole outcome. If you have the title, you have the children what is the hurry? I know...you want rid of problem (and her) but you hold all the cards. 
Get a lawyer, any lawyer for the most part, give her the phone number of your new lawyer and change yours so she can not contact you. Sit back and wait 3 or 5 or 8 months, she sounds desperate for the cash so one day the truth will come out or Fernando will give her the boot. Keep paying the property taxes, via a friend or lawyer, the house is yours until it is sold.
Right now you are reacting when you should be acting and calling the shots, you are holding all the cards. Rushing through this may cause regrets in the future, besides the loss of your house. Unless fernando has some deep pockets I would guess this will go away in just a few months.


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## mcse9073 (Apr 8, 2011)

*Agreed*



tepetapan said:


> Take it slow, take it easy. Otherwise 5 years from now you will be regretting the whole outcome. If you have the title, you have the children what is the hurry? I know...you want rid of problem (and her) but you hold all the cards.
> Get a lawyer, any lawyer for the most part, give her the phone number of your new lawyer and change yours so she can not contact you. Sit back and wait 3 or 5 or 8 months, she sounds desperate for the cash so one day the truth will come out or Fernando will give her the boot. Keep paying the property taxes, via a friend or lawyer, the house is yours until it is sold.
> Right now you are reacting when you should be acting and calling the shots, you are holding all the cards. Rushing through this may cause regrets in the future, besides the loss of your house. Unless fernando has some deep pockets I would guess this will go away in just a few months.


What I wa sthinking..


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