# legal rights



## diverchick (Jul 22, 2015)

Recently separated does anyone know what the real laws are down here about the legal rights a women has in regards to property.


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## AlanMexicali (Jun 1, 2011)

diverchick said:


> Recently separated does anyone know what the real laws are down here about the legal rights a women has in regards to property.


Google Translation:

"September 20, 2013 | Editorial Metroscubicos

According to the Superior Court of the Federal District, divorce express demand increases in August and the situation is repeated in other states such as Monterrey. These increase from 157% to 273% on requests for divorce presented in December, the time when they enter fewer cases, for four years. Although there is no scientific explanation, such ruptures and institutional coincide with school holidays.

In cases of separation, the existence of a credit average pay is an issue that must be resolved, whether the mortgage is married or single.

Analyze your life partner before hiring a credit.

Why is the same?

Although credit is individual, the law assumes that a portion was paid during the marriage and that, somehow, both have contributed to that payments are made in a timely manner.

The credit situation changes nothing with a divorce. Contract agreements are kept, unless the judge issues an order to change and determine who will pay and who will be the property when it is settled. Once the legal agreement is issued, the former partner must go to a financial institution to make it effective.

Suggested experts

The experts suggest that beyond the emotional implications of divorce, all verbal agreement property division should acquire the status of legal agreement. In it it must indicate who will pay the mortgage and must sign the assignment of rights accorded to determine who will get the house already paid.

What happens when a public institution is involved?

If the marriage is in FOVISSSTE credit or Infonavit, the situation is similar. The conditions of the original contract remain and employer discounts to both spouses are made, as they did not submit to the institution a court order indicating some change.

At the moment the company is dissolved marriage, the payment of the loan shall be subject to the divorce agreement to be signed before the judge, the document must settle the agreement reached by stakeholders. Neither Infonavit or FOVISSSTE involved.

If Fovisste

In case of divorce or breakup who have obtained credit, you must understand that the property is mortgaged in favor of FOVISSSTE and the contract states the proportion corresponding to each accredited, so that in case of default payment, only one court in the matter could apply to Fovisste the obligations and rights are modified.

Infonavit case

In case of divorce, it depends on the system in which they are: if they have a joint marriage, then each gets 50% of the property at the time of the sale, if it is separate property, total and everyone pays its share prorated proportional. Should one were to die, the part of the deceased were forgiven, but the other must pay off the contracted.

Alternative and more tips
• If the mortgage is jointly and both sides are paying, you can continue with this scheme until the end of the loan.
• It is necessary to establish the good name of who will stay and if one of the two parties will buy the other.
• If the mortgage is the name of one of the two legally the responsibility of the credit lies with the person and the property will be in his name. Still, you can decide who will live in good.
• They should consider whether they can continue to pay monthly, rather than one of the two should be covered by renting the new place where he lived.
• It is necessary to analyze beyond the financial aspect, if one of them really wants the house. Holding on to anger or cede it to avoid problems avoid problems, may result in financial and emotional problems.
• You can also choose to sell the house, what matters is not undersell and for that we should take the time necessary to rush things is not recommended.
• The way to do that a divorce is the least economically exhausting and legal, is to reach a mutual agreement. Do not translate your emotional disappointment in material aspects, facilitate the process, you prevent higher expenses and emotional distress."

Qué pasa con mi crédito si me divorcio


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## citlali (Mar 4, 2013)

It depends on your marriage contract and your deed.


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## diverchick (Jul 22, 2015)

The house is paid for and I have been living in it for a year as my partner moved out. We are both on title, can he move back in or try to make me move out when I have been maintaining the house and paying all the bills?


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## maesonna (Jun 10, 2008)

AlanMexicali said:


> In case of divorce, it depends on the system in which they are: if they have a joint marriage, then each gets 50% of the property at the time of the sale, if it is separate property, total and everyone pays its share prorated proportional. Should one were to die, the part of the deceased were forgiven, but the other must pay off the contracted.


This is a crucial point. You will probably need to know the names for this in Spanish. “Joint assets” is _bienes mancomunados_, and “separate property” is _bienes separados_. So the first step is to determine or find out which of these categories your marriage was considered to be.


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## diverchick (Jul 22, 2015)

citlali said:


> It depends on your marriage contract and your deed.


We were common law and the house is 50/50, no contract in place. I am concerned as to weather or not he can force me out so he can move in with his new girlfriend?


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## TundraGreen (Jul 15, 2010)

diverchick said:


> We were common law and the house is 50/50, no contract in place. I am concerned as to weather or not he can force me out so he can move in with his new girlfriend?


Does the escritorio, or I guess in your case, the fideocomisa, have both of your names on it?


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## citlali (Mar 4, 2013)

I bought a house from a woman who was a comon law wife. , the hou



The op says that boh names oare on the paper so she answered that question. 

you better ask that question to a notario first and then you may want a lawyer. Unless you sell the house and split the money it may get messy . I would guess he could ask the same question and what would happen if you had a boyfriend moving in?


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## diverchick (Jul 22, 2015)

TundraGreen said:


> Does the escritorio, or I guess in your case, the fideocomisa, have both of your names on it?


Yes it does.


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## diverchick (Jul 22, 2015)

citlali said:


> I bought a house from a woman who was a comon law wife. , the hou
> 
> 
> 
> ...


Thanks so much for you input.


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## citlali (Mar 4, 2013)

Sorry I did not delete the beginning. I started telling you what happened in a transaction with a couple I bought a house from but since it was in Chiapas , it may not apply in Quintana Roo.


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## RVGRINGO (May 16, 2007)

My best guess is that you own 50% of the house, and he owns the other 50%. If that is the situation, one of you might buy out the other and have a notario re-register the deed in a single name. Otherwise, you will both have to agree to sell the house and split the expenses and the proceeds in half.
Seems simple enough, if emotions can be removed from the situation. At present, it seems that each of you have equal rights to the property but not to the exclusion of the other. It is probably best to avoid any sort of confrontation, but to attempt to reconcile the matter amicably.


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## Waller52 (Jun 17, 2015)

diverchick said:


> Recently separated does anyone know what the real laws are down here about the legal rights a women has in regards to property.


Maybe get a real estate attorney from the area?


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## GARYJ65 (Feb 9, 2013)

I would recommend to hire a civil attorney, there are not real estate attorneys and your problem goes to a divorce or splitting from your husband or partner


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## RVGRINGO (May 16, 2007)

If they are amicable and reach an agreement, they can simply go to a Notario to accomplish the paperwork. Notarios are lawyers who specialize in such things as real estate, wills, trusts, etc.


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## citlali (Mar 4, 2013)

If here is another partner involved it could get more complicated and I think it is a good idea to see a civil lawyer. Life is not as simple as it could be if everyone was reasonnable and logical.


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