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Quileb

Feb 6, 2017, 6:37 PM

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Escrituras y titulos

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Hello everyone. New to this but in desperate need of some advice. My mother in law has some land in Jalisco where she has built her house thanks to her children. Her husband abandoned them when her children were little. She worked hard and raised her kids on her own. They in turn helped her build her home. Some of the kids also built their homes on that land.
A few years ago her husband (still married) came back demanding the land that he bought years ago when they were newly married.
Long story short. He has the escritura (deed) but my mother in law has the title. She lives on the property, paid property taxes on the land for many years. She actually stopped paying property taxes in 2010 while she was in the process of getting the title. She had always paid it under her husband's name and wanted to wait until she had the title to be able to pay it under her name. During this time, he began to pay it and now is suing my MIL.
Ok, so my question is.... Who has legal rights to the property? And can my MIL do anything to put this nightmare behind her?


Thank you for any feedback!



sparks


Feb 7, 2017, 8:05 AM

Post #2 of 5 (2806 views)

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Re: [Quileb] Escrituras y titulos

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Talk to a Notario

Sparks Mexico Blog - Sparks Costalegre


RickS


Feb 7, 2017, 9:57 AM

Post #3 of 5 (2791 views)

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Re: [Quileb] Escrituras y titulos

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Ditto what Sparks said..... relying on Forum opinions on such a unique situation is not wise. IMO


Quileb

Feb 7, 2017, 10:08 AM

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Re: [RickS] Escrituras y titulos

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Sorry. Just a little desperate. We've dealt with attorneys and Notaries. Just wondering if anyone has experienced anything somewhat similar.


citlali

Apr 24, 2017, 7:26 PM

Post #5 of 5 (2282 views)

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Re: [Quileb] Escrituras y titulos

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There is information that is confusing.. you say you mother in law has land but that her husband bought it when they were newly married. you say that one has the title but the other has the escritura?? The escritura is the same as the title..
First of all you have to know how they got married, under community property or separate.. If they were married under the community property your mother in law has rights if not she is probably out of luck, it does not matter who paid the taxes and who paid..you have to go by the marriage contract ...
I have a house in Chiapas in my own name my husband is nowhere on the escritura but we are married under the community property so he has rights on that house but no more than 50%.. period..I covered the other 50 with a will... The laws here are very different from the laws in the US and you cannot assume anything.
It is not a good idea to build houses on land if your name is not on the escritura..
Only a notario and a lawyer can sort it out as it is all in the detail and your facts are very vague..
She can also bring squatters rights.. who know it is way to complicated for anyone who is not involved to give you any advice. Talk to a Notario and get a lawyer..
.


(This post was edited by citlali on Apr 24, 2017, 7:57 PM)
 
 
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