The Constitutional Rights of the LGBT Community in Mexico

Posted by Mexlaw

Despite the recent “pro-family” marches across Mexico, protesting against same-sex marriage, Mexico continues to move toward marriage equality, and the definition of “Family” to include same-sex couples. Same-sex weddings have been legal in some states of Mexico since 2010. On June 3, 2015, there was a ruling in Mexico's Supreme Court, declaring all states must recognize marriages between same-sex couples. The court ruled in a decision published on 19 June that laws restricting marriage to a man and a woman were unconstitutional. On 17 May 2016, President Nieto announced he had signed an initiative to amend the Mexican Constitution, to acknowledge as a...

07 September

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Signing a Rental Contract in Quintana Roo

Posted by Mexlaw

in Legal Services, MexLaw

Although there are laws in place to protect tenants and property owners, Mexican rental agreements have few regulations, allowing a rental contract to be somewhat open to negotiation between the landlord and the tenant. Once you have agreed on a price and duration of the rental agreement, you should have a contract drawn up with the owner or their representative. It is not necessary to have the agreement notarized as it is a legal document if the tenant and the landlord have signed the contract. A rental agreement is a private legal contract, and it will grant the temporary tenant use of...

05 September

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Can the Mexican Government Seize my Property?

Posted by Mexlaw

in Legal Services, MexLaw

The most common fear we hear from foreigners interested in buying property in Mexico is, Can the government take my property? There are stories in the news about foreigners investing in Mexican real estate to later have it taken from them with no recourse. Using a Mexican lawyer during your real estate purchase will guarantee you title on the property, making it virtually impossible for someone to seize your home. Ejido Land The ejido is property which Mexican Nationals are given the right to use by the government for living and working, typically farming. Do not buy Ejido land, you may be offered...

02 September

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The Roles of The Notario Publico and The Lawyer in Mexican Real Estate

Posted by Mexlaw

in Legal Services, MexLaw

Canadian or American notary public is a public officer who is licensed to serve the public in non-contentious affairs and whose principal duties are to witness and authenticate certain documents, also known as notarization. A Notary may take testimony, affidavits, administer oaths, deal with matters concerning estates and perform other official acts depending on the jurisdiction. The term of notary public refers to common-law notaries. The Difference between a Notary Public and a Notario Publico in Mexico is that the Notary in Mexico is an experienced lawyer who has been selected and appointed by the Mexican state after practicing law, completing...

08 August

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Last Will And Testament of a Foreigner in Mexico

Posted by Mexlaw

in Legal Services, Mexican Will, MexLaw

It is important to understand it may be difficult for your loved ones to deal with your estate if you do not have a Mexican Will. Residence of Mexico, primarily property owners, should consult a Mexican attorney regarding their estate planning. Is a Canadian or American Will valid in Mexico if it includes my Mexican real estate and valuables? Although your foreign Will is valid in Mexico, the time and expense it takes to have it verified and processed will cause your family undue stress and expense. The problem is getting these documents recognized, American documents need to be apostilled, and notarized in...