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Riviera Maya

2: FIDEICOMISO OR CORPORATION

A Fideicomiso gives a foreign buyer all the property rights and privileges of a citizen, with the additional advantage that you can name your Beneficiaries, allowing it to be used as a Will to pass the property to your Heirs. You can also transfer the trust to another foreign buyer, should you wish to sell.

You should only consider a corporation if you’re buying real estate strictly for investment or business. Corporations, however, come with more restrictions and reporting requirements than Fideicomisos.

Whatever you intend to use of your property for, an attorney should review its legal status, including title search, the review and preparation of contracts, and setting up your trust or corporation. Several title companies are available in Mexico, who can handle this process.

Robin Dizer

MANAGING DIRECTOR

ROBIN DIZER

Robin Dizer is the Managing Director of Top Listings Riviera Maya and has over a decade of experience in the Real Estate Industry in the Riviera Maya, Mexico.

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More on fideicomiso or corporation

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Legal & Ownership

What Happens to a Fideicomiso If the Trustee Bank Merges or Fails?

If you own Riviera Maya property through a fideicomiso, it's natural to wonder what happens to your trust if the bank managing it merges with another institution, gets acquired, or in a worst-case scenario, fails outright. It's a reasonable question, and fortunately, Mexican banking and trust law addresses it directly. Your Property Isn't the Bank's Asset The most important thing to understand is that a fideicomiso creates what's often described as a "separate patrimony" (patrimonio...

Aug 28 · 4 min read

Legal & Ownership

2. The Fideicomiso Explained: How the Bank Trust Works

If you're buying anywhere near the coast in the Riviera Maya, you're going to hear the word "fideicomiso" a lot. It sounds intimidating the first time — like you're handing your property over to a bank. You're not. Once you understand who the parties are and what each one actually does, it stops feeling like a workaround and starts feeling like exactly what it is: a well-worn legal structure that's protected foreign buyers in Mexico for over five decades. The Three Parties in Every Trust...

Aug 3 · 4 min read

Legal & Ownership

Can You Add or Remove a Beneficiary From an Existing Fideicomiso?

Life circumstances change after you've already set up a Mexican bank trust, whether it's a marriage, a divorce, adding a family member to the property, or updating who should inherit it. The good news is that fideicomisos aren't locked in stone. Beneficiaries can generally be added, removed, or changed, though the process runs through both the trustee bank and a notario, and it isn't instantaneous. Why You Might Need to Modify a Fideicomiso Adding a spouse after marriage, or after the trust...

Aug 28 · 4 min read

Legal & Ownership

Can You Buy Property in Mexico Through a Corporation Instead of a Fideicomiso?

Most foreign buyers in the Riviera Maya default to a fideicomiso, the bank trust structure that's become the standard route to owning coastal property. But it's not the only legal path. For certain buyers — particularly those planning to operate a rental business or acquire several properties — purchasing through a Mexican corporation is worth understanding, even if it's not the right fit for most residential buyers. The Legal Basis: Fideicomiso vs. Mexican Corporation Under Article 27 of the...

Aug 27 · 3 min read

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