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salto_jorge

Aug 6, 2015, 12:45 PM

Post #1 of 6 (5583 views)

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Real-estate Sale in Jalisco

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What needs to be done for my wife, a Naturalized US citizen from Mexico to sell property in Mexico that is in her birth name? My wife assumed my last name when we were married back in the 70ís and that is the same name on per US passport.
She does not have a new or modern official Mexican government document with her maiden name and a picture. She has her birth certificate and our marriage license. Back in the day when she was naturalized everyone gave up their Mexican citizenship.
Several notarios for some reason cannot or do not want to link her married to her maiden name on her birth certificate without a picture ID. Are they just messing around with us of is this some kind of law?
How can we get around this?


I figure other women must have similar issues if they own property in their maiden names and are married.
Thank You




(This post was edited by salto_jorge on Aug 6, 2015, 12:46 PM)



rvgringo

Aug 6, 2015, 1:43 PM

Post #2 of 6 (5569 views)

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Re: [salto_jorge] Real-estate Sale in Jalisco

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This is often a problem for women who have changed their name upon marriage, which is not customary in Mexico. She may have to take her birth certificate to the nearest Mexican Consulate, if you are in the USA, and request a Mexican passport in her birth name, and exactly as it is on the real estate documents. If you are in Mexico, I think that she will have to apply for her Mexican passport at the nearest palacio federal.


Aaron+

Aug 6, 2015, 5:06 PM

Post #3 of 6 (5540 views)

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Re: [salto_jorge] Real-estate Sale in Jalisco

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Notarios are the lawyers you need for property issues in Mexico, but are likely not to be conversant with current Mexican nationality law and practice.

You are really up a creek not having an official Mexican photo document of your wife. May we assume that she had no such photo document from prior to your marriage (Mexican passport, university registration, the old voting cards)? If you were married in the USA, does the state where you married issue a record of the marriage that lists her parents full names and addresses, or do you have a copy of the original marriage license application or U.S. naturalization application? She needs something official that links her full maternal names to her present name so that her U.S. photo documents have ID value.

Before hiring a lawyer that handles Mexican nationality law, I suggest that you go to the nearest SRE passport office if you are in Mexico, or the nearest Mexican consulate, and ask for their advice on how to proceed. (She will need to make an appointment typically prior to going to either type of office.) They are likely to ask for a recently issued and certified copy of her birth certificate issued by the registro civil. In theory, these can be obtained since Jan. 1 2015 at consulates and at any state registro civil office; I have found this supposed availability to be still in theory rather than in practice.

A technical issue that may well not be raised by the SRE officials, the 1998 recognition of binational status by Mexico had a five year window for folks who had renounced their Mexican citizenship (as to marry a U.S. citizen). My understanding is that Mexico is rather liberally inclined toward those who wish to reestablish their Mexican nationality.


darrellk

Aug 7, 2015, 5:59 PM

Post #4 of 6 (5451 views)

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Re: [salto_jorge] Real-estate Sale in Jalisco

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We had a few problems also with that but we also gained a few things with my wife being a Mexican national. Can she go and get a new voting card? My wife this last year got one and she only needed a family member to vouch for her to get it.
If you need more info just let me know.


Edit to add: also needed her birth cert.


(This post was edited by darrellk on Aug 7, 2015, 6:04 PM)


salto_jorge

Aug 10, 2015, 7:51 AM

Post #5 of 6 (5303 views)

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Re: [darrellk] Real-estate Sale in Jalisco

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Back in the old days she gave up her Mexican citizenship, fact of life.
She has an old Mexican passport, the Mexican Consulate does not want to accept it, my wife is no longer a Mexican citizen.


(This post was edited by salto_jorge on Aug 10, 2015, 7:51 AM)


darrellk

Aug 10, 2015, 9:15 AM

Post #6 of 6 (5290 views)

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Re: [salto_jorge] Real-estate Sale in Jalisco

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If she can get down to Jalisco she should just take her old passport and birth cert to the Instituto federal electoral or known as IFE. Worth a try. She shouldn't even mention about getting married or name change.
My wife even started her Mexican Social security, so she now has medical in Mexico (also our kids) and it only cost 8k pesos a year.
She now has two identities, American PP and Mexican id with two different names. ;)


Good luck and hope the best.
 
 
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