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tashby

Jan 22, 2011, 11:15 AM

Post #1 of 48 (2052 views)

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Another Car (Title) Question

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We're buying a used Mexican-plated vehicle, and I'm wondering if it's possible to put the car title in both our names? Anybody know? I don't even know if you can do this in the United States, but it'd be nice, if possible.

P.S. to Rolly: Nice job on the car-buying article. I think you mispelled "circulación". Also, it probably isn't worth mentioning because it must vary from state to state, etc. Regardless, as an FYI. In Jalisco, or at least this area, they have emissions-testing. When you're buying a car, there's a buy/sell tax....I think it's around 2 or 3% of the price of the vehicle, that's collected during title transfer. Jalisco will reduce this tax is by 30% if you can provide a passing emissions test certificate that's been conducted within the last 60 days.

Rolly

Jan 22, 2011, 11:50 AM

Post #2 of 48 (2027 views)

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Re: [tashby] Another Car (Title) Question

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Thanks. I made the correction.

Rolly Pirate

E-visit me http://Rollybrook.com
On Facebook as Rolly Brook

RickS

Jan 22, 2011, 1:00 PM

Post #3 of 48 (2016 views)

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Re: [tashby] Another Car (Title) Question

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" I don't even know if you can do this in the United States..."

This is certainly doable in the US or in the 2 states in which I've lived..... husbands and wife, partners, parent and child.

gpkgto

Jan 22, 2011, 2:16 PM

Post #4 of 48 (1992 views)

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Re: [tashby] Another Car (Title) Question

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Here in the state of Guanajuato they just told me--this month--it is not possible. I forget the dumb "reason" they gave me. Anyway, my new-used car had to be titled only in my name.

tashby

Jan 22, 2011, 2:16 PM

Post #5 of 48 (1992 views)

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Re: [RickS] Another Car (Title) Question

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Yeah, I was reminded during lunch that the US-plated car we own has both our names on the title.

Anyone do a co-title in Mexico, in particular Jalisco?

EDIT: cross-posted with gpkgto at the same time.

(This post was edited by tashby on Jan 22, 2011, 2:18 PM)

gpkgto

Jan 22, 2011, 2:18 PM

Post #6 of 48 (1989 views)

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Re: [tashby] Another Car (Title) Question

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My last car, which I bought new, had 3 names on the title--although I had to pull a gringo-fit to get the agency to do it. Apparently this is no longer possible here in the state of Guanajuato.

mazbook1

Jan 22, 2011, 4:42 PM

Post #7 of 48 (1953 views)

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Re: [gpkgto] Another Car (Title) Question

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Well, at least it is possible in Sinaloa, although the dealer though I was nuts and tried to tell me it wasn't possible, but the paperwork went through without a hitch in the form "her name o my name".

The more-or-less common rule in the States is that yes you can, but it's important to use or rather than and, so that in case something happens to one partner, the other can handle matters with no problem. I was in the motor vehicle business for over 40 years in the States, always with a nearby military base, and we had to advise military families to always do it this way.

morgaine7

Jan 22, 2011, 5:11 PM

Post #8 of 48 (1939 views)

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Re: [mazbook1] Another Car (Title) Question

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I'm curious. Do your states actually issue titles? Here in Baja California Sur, the seller signs ownership over to the buyer on the back of the factura, which is then shown to have the car registered in the new owner's name.

Kate

mazbook1

Jan 22, 2011, 6:38 PM

Post #9 of 48 (1919 views)

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Re: [morgaine7] Another Car (Title) Question

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Since my only purchase of a car in México was a new car, it was the factura that was most important to have that way, however if it was a used car, from a dealer or an individual, I would sure want the "new owner registration" whatever that is called in your or any other state in México, to be filled out the same way. Surely, the seller of a used car has to indicate on the back of the factura just WHO he is selling the car to, and that should be the same way, new name o other new name. Although quite uncommon in México, my notario assures me that this is legal for any sort of property in México—real property, cars, anything that needs legal papers of ownership—as far as he knows, and he checked several law books before telling me that.

mazbook1

Jan 22, 2011, 6:44 PM

Post #10 of 48 (1917 views)

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Re: [gpkgto] Another Car (Title) Question

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gpkgto, Was that the actual government department that told you that? Or was it the dealer you were buying it from? I had to go 'round 'n 'round (throw a gringo fit, as someone else here described it) with the dealer about it, but once he did it the government office(¿s?) didn't give any problem at all. The NEXT gringo that buys a car at that agency will sure have it easy when he or she wants the same thing. LOL

robt65

Jan 22, 2011, 7:41 PM

Post #11 of 48 (1899 views)

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Re: [tashby] Another Car (Title) Question

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Hi tashby,

After I gave Rolly all the sordid details of my buying a car from a used car dealer here in the State of Queretaro, I also sent him a not reminding him I also had both my wife's name and my name put on the title. At first the dealer put and , I said no it is and or he again made a mistake and put or, I showed him how to write it .. . Y/O and everything went through without a hitch. Again for the same reason another reply said . . . .If I should kick the bucket, I didn't want Jimena to have to have something straightened out that we could have done before hand.

robt65

tashby

Jan 23, 2011, 7:51 AM

Post #12 of 48 (1861 views)

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Re: [robt65] Another Car (Title) Question

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Thanks, everyone. Well, what do you know. It sounds like this is another one of those "maybe.....maybe not.....it depends.....varies by state.....varies by mood of clerk across the counter.....give it a shot......" kind of things.

Imagine that.

It just dawned on me that I know someone locally who will for sure know the answer for this area. Will check with them tomorrow.

Kate, it's the Factura here also. I probably shouldn't have been flinging around the word "title".

robt65

Jan 23, 2011, 8:18 AM

Post #13 of 48 (1847 views)

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Re: [tashby] Another Car (Title) Question

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Tashby,

The dealer tried to tell me there was no possibility of doing two names with Y/O as it was not in the law . . . .sooooo I said show me the law where it says it cannot be done! That got him. I think it can probably be done in every state, only the past mentality of women not having ownership of such things is just carrying over. i.e.: "it's always been that way" . . or . . . "we never did it that way before". The very thought of giving a woman ownership of such a masculine thing as a car or of providing equally so that both are actually owners is really no different than on a home for example. It's what we in Kentucky would call "the good ole boy" mentality. There is no good reason that a woman and a man who are married should not be able to legally be able to share their possessions, or any two persons for that matter. So press them to do it. Make them show you that it is against the law to do it. They won't be able to find such a law. Just make sure you have it as Jane Doe Y/O John Doe.

robt65

(This post was edited by robt65 on Jan 23, 2011, 8:20 AM)

Reefhound

Jan 23, 2011, 8:28 AM

Post #14 of 48 (1836 views)

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Re: [morgaine7] Another Car (Title) Question

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I'm curious. Do your states actually issue titles? Here in Baja California Sur, the seller signs ownership over to the buyer on the back of the factura, which is then shown to have the car registered in the new owner's name.

Are you saying your state does not maintain it's own vehicle ownership records? What happens if you lose the factura? Or someone counterfeits it?

DavidHF

Jan 23, 2011, 8:51 AM

Post #15 of 48 (1820 views)

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Re: [Reefhound] Another Car (Title) Question

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No different than if you lose a "Title." The factura for a motor vehicle is a very official looking document with stamps etc. and the document itself is registered.

Reefhound

Jan 23, 2011, 9:10 AM

Post #16 of 48 (1813 views)

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Re: [DavidHF] Another Car (Title) Question

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Ok, so call it a title or factura, it's just a matter of semantics?

Casa

Jan 23, 2011, 9:34 AM

Post #17 of 48 (1807 views)

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Re: [Reefhound] Another Car (Title) Question

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Of course BCS maintains its own vehicle ownership records.
Below is what you need to register a car (new or used) in BCS
You will note at the end “if the car has been retitled then you need to provide copies of the previously issued titles.” (therefore titles must reissued in the new owner name).

My US car title has a place on the back for me to sign over the title when selling the car but that does not mean that there are not more steps in the process

Si tu vehículo es nuevo o usado y se va a registrar por primera vez debes presentar alguna de la siguiente documentación.
I. VEHICULO NACIONAL:

* Factura del vehículo. (Original y copia)
* Constancia de Regularización.
* Acta de venta expedida por autoridad Federal, Estatal o Municipal.
En caso de no contar con los originales:
* Carta factura (original y copia) y copia de
la factura.
* Factura judicial. (Original y copia)
* Contrato de Arrendamiento Financiero
(original y copia) cuando aplique.

Si el vehículo ha sido refacturado, presentar copia de cada una de las facturas expedidas anteriormente.

http://www.bcs.gob.mx/finanzas/contribuyentes/tramites/pdf/triptico_tenencia.pdf

Vichil

Jan 23, 2011, 10:37 AM

Post #18 of 48 (1793 views)

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Re: [robt65] Another Car (Title) Question

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Our car title has my name first y/o my husband´s name so it can be done in Mexico as it was done in Guadalajara.

In our case since we are married under the community property regime and have a will the second name is redondent but I can see how important it would be if we were not married.

By the way I am not sure what the " y/o" really means (I know it means and/or) but do I own only 50% of the car or 100%?

Rolly

Jan 23, 2011, 10:46 AM

Post #19 of 48 (1787 views)

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Re: Another Car (Title) Question

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¿What, if any, is the advantage of Y/O rather than just O?

Rolly Pirate

E-visit me http://Rollybrook.com
On Facebook as Rolly Brook

robt65

Jan 23, 2011, 10:57 AM

Post #20 of 48 (1780 views)

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Re: [Vichil] Another Car (Title) Question

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Hi Vichil,

In answer to your Y/O as you correctly stated it, does mean "and / or". It gives both you and Bob 100% access as it also gives you and Bob 100% access to buying or selling or any other transaction that takes place. It is my understanding from several (both Mexican and American) attorneys, it means 100% ownership (in this case of a car title) unless you are still paying to a bank for it. One can even have a Y/O with a different percentage (for example 60% / 40% ownership as long as it is so stated in the document at hand.

You also said. . . . "In our case since we are married under the community property regime and have a will the second name is redondent but I can see how important it would be if we were not married." this also may not be so. Laws do and can be changed, especially as a result of any given court case precidence or simple change of state law. If for example the laws were to change re: community property in any given state (Mexico or the USA) and you had everything Y/O, no such changes would bear any change on your particular legal documents.

I also had in my will and property deeds recorded that my name, my wife's name and or (Y/O) our children’s names were put on the property and house. The reason for this is if any death due to an accident were to happen and both Jimena and I were not around, the children would not have a problem being 100% owners of the house and property.

I have also done this for the bank accounts and both Jimena's and my wills. Of course the children will not have access (done by a paragraph in the wills), to sell the property until the youngest reaches 25 years of age. In my feeble mind, this assured both Jimena and I that the children would always have a home of their own.

The property both here and in the USA are to be kept in a family trust until the year 3000. Then the kids can do what they wish with it. It is our family's hope they will continue to keep it as a family home perpetually.

The town folks maybe angry at some point about this because as I understand it, the government cannot even take any of the land (example) for widening highways etc. Something to do with not being able to change a will (even by the government). Oh well, that's their tough luck and I am sure anyway if they really wanted it, the government here or NOB would figure out a way to get it.

robt65

(This post was edited by robt65 on Jan 23, 2011, 11:04 AM)

morgaine7

Jan 23, 2011, 11:04 AM

Post #21 of 48 (1778 views)

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Re: [Casa] Another Car (Title) Question

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You're right, of course, that BCS maintains records of ownership and transfers. But refacturado indicates a new factura being issued. That doesn't necessarily happen when a car changes ownership. Normally the same factura is transferred with the car from owner to owner. Mine dates from 1997 when the car was imported and has the endorsements on the back for each subsequent sale. (In the US, if I recall correctly, the seller endorses the title, but the buyer has to take it to a state "title bureau" and get a new one issued in his/her name before the car can be registered.)

My reason for bringing this up in Tashby's case was that experiences posted at that point were for transactions through dealers. I was thinking that a private seller would endorse the factura to multiple names if simply asked by the buyer to do so. With both names already on there, it might be easier to get the other papers issued that way. Just an idea … as always, YMMV.

Kate

PS: BTW Robt65 … I bought my car from a married Mexican woman, and all the papers were in her name, not her husband's. Ditto for the previous owner, though I don't know for sure that she was married.

Casa

Jan 23, 2011, 12:33 PM

Post #22 of 48 (1752 views)

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Re: [morgaine7] Another Car (Title) Question

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In Reply To

Normally the same factura is transferred with the car from owner to owner. Mine dates from 1997 when the car was imported and has the endorsements on the back for each subsequent sale. (In the US, if I recall correctly, the seller endorses the title, but the buyer has to take it to a state "title bureau" and get a new one issued in his/her name before the car can be registered.)

Interesting, I guess I am wrong but I thought that a new title (refactura) was issued when one does the Pago del impuesto sobre enajenación de bienes para vehículos(cambio de propietario) before registering the vehicle.

morgaine7

Jan 23, 2011, 2:19 PM

Post #23 of 48 (1728 views)

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Re: [Casa] Another Car (Title) Question

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Nope, just a receipt for the tax. AFAIK, the factura issued or endorsed in our name is as close as we get to a "title" as known in the US.

If you're interested, our Tránsito website gives the procedures and requirements:
http://www.transitolapaz.gob.mx/...lciudadano/index.htm
It's under Placas --> Emplacamiento de Vehículos Particulares (scroll down).

Kate

robt65

Jan 23, 2011, 4:01 PM

Post #24 of 48 (1703 views)

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Re: [morgaine7] Another Car (Title) Question

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Hi Kate,

You said "PS: BTW Robt65 … I bought my car from a married Mexican woman, and all the papers were in her name, not her husband's. Ditto for the previous owner, though I don't know for sure that she was married."

I hope what I wrote was not interpreted to say that a title had to have a mans name on it; quite to the contrary. Someone asked about a title having more than one name or a husband and wife name. I certainly did not intend to imply that any title required a man's name. my suggestion was to make suer it did not have only an "or" in the agreement but tro include an "and / or . . . . . . or a Y/O. Hope I did not mislead anyone.

robt65

chinagringo

Jan 23, 2011, 7:52 PM

Post #25 of 48 (1652 views)

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Re: [robt65] Another Car (Title) Question

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While I have never had the experience of doing a change of ownership of a vehicle in MX, I have followed this thread with interest since I considered it to be invaluable in understanding how things seem to work in MX. For whatever reason since many of us come from differing States or Provinces NOB, many of us lump how things should work in MX as if the Mexican Government was in control with consistent rules and regs applicable to all areas. From all of the stories related within, it drives home the fact that each State in MX has their own set of rules and regs and even those may be applied differently depending on location.

It is a further confirmation that there is a lack of consistency throughout MX and anyone that believes that because one thing happened one way in a given circumstance is a predictor of how a similar situation elsewhere will be resolved, has a further educational experience ahead of them! NOB things tend to be more predictable and follow certain normal guidelines whereas MX is a daily new learning experience based upon one's own path.
Regards,
Neil
Albuquerque, NM

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