Marital/Community Property
Marital/Community Property. When the foreign spouse must prove the commitment/obligation as referred to in section I of article 27 of the Federal Constitution in order to obtain the legal ownership of real property acquired by the mexican national spouse after marriage.
As a general rule, in the Mexican legal system, property acquired during the marriage under the joint ownership or community property regime belongs to both spouses, which does not mean that each spouse’s ownership is determined during the term of said partnership and with respect to the property which they are assigned to be considered, but rather because this is a matter of one community, whatever belongs to each one of them can only be known upon the dissolution of the partnership (marriage) via the corresponding award. Nevertheless, in the event a foreign national spouse is a participant in the acquisition of real property by his/her Mexican spouse, it is not necessary on celebrating the marriage in which community property is stipulated or upon its coming into existence during the marriage, said assets/property existing, or on the date that the national spouse acquired such assets/property, to prove the commitment/obligation as referred to in Section I of Article 27 of the Political Constitution of the United Mexican States, because under no circumstances does the foreign spouse acquire exclusive domain/ownership over any asset/property, but rather with respect to those which constitute community property, can do so up until the moment of the award and, therefore, only until then can the commitment or obligation with regard to that provided for in the cited constitutional provision be updated. As a result and as set forth in different legislations or regulations which have regulated the constitutional precept, such accreditation should be made before the Notary Public who should formally record (notarize) the act whereby the foreigner acquired legal ownership of the real property, either because of dissolution of the partnership/marriage or by adjudication because of inheritance, namely, when the individual transfer of ownership should take effect with the external formalities prescribed by law, which only can be met via the execution of the respective notarial instrument; hence, both notaries and public registrars are legally bound to refrain from carrying out transactions, operations and registries when said requirement is not verified.
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