How about, How to properly sell a house in Jalisco

How about,  How to properly sell a house in Jalisco

We am trying to sell our townhouse in a small coto,  We the first to purchase one of 4 units and my deed says nothing about a "HOA" or how joint bills are to be divided ?

Next the Notario used my wifes "Birth" name clearly knowing all her documents are in her married name she is a US citizen born in Mexico. This Notario now tells us
that she must become a Mexican citizen before it can be sold.  Clearly if true this was a trick that he pulled on us back in 2008.  Same Notario put my daughters
name on the deed after seeing her US passport as my spouses representative.  It is interesting that my daughter is a dual national since birth and the notario never asked.

Question 1:  Can we sell our House with out current identifications

• Gift it some how to our daughter
  

• Have several people in Guadalajara say they know my wife and that she is a Mexican and sign a document.
  

Income Tax / Capital Gains

Some web sites list 30% and others list 8%,  what is it really,  We have also read that if the value of the home is less than 4'200,000 one does not have to pay tax.

Question  2:  What is the real/true tax situation on selling a home for more than it cost.

Thank You
Salto

Your wife is a Mexican citizen, but she needs to use her Mexican birth certificate to get her other Mexican documents, including a Mexican passport, CURP, RFC, etc. You may also want to contact Chapala Law, if you have a complaint against your notario. Something was either sloppy of fishy, if it is as you described.

Call a lawyer or a different Notario.

Greetings,

My wife is a US citizen, she has not been a Mexican citizen for at least 30 years , back US/Mexico did not have dual nationals.
Can she get any Mexican paper work without requesting the US to permit her to become a Mexican citizen as INS has told us years ago.
I do not know if Mexico has the paper work from when she gave up her Mexican citizenship way back when.

We probably need to contact a lawyer, Is a Notario is type of lawyer ?

Mexican citizenship cannot be taken away. I think she simply signed a loyalty oath, forsaking other governments, in the USA at naturalization, which is normal. US citizens, naturalized as Mexicans, do the same sort of thing. Your wife can claim her Mexican citizenship at SRE in Mexico, or at a Mexican Consulate in the USA, with just her birth certificate. She definitely should do that & also get a Mexican passport. It will make your lives simpler, in many ways. She will always use her US passport in the USA, and her Mexican passport in Mexico. That is a requirement.

Did your wife give her her Mexican citizenship to Mexico? If she has a Mexican citizenship she can apply for INE and see if she gets it..

Id your wife a naturalized US citizen or s a US citizen because of her parents.
If she is naturalized did she give up her citizenship to the US or to Mexico?

When I was naturalized Mexican , I gave up my French citizenship while in Mexico but I am still French in France.

Get the notario to draw a paper listing the various names she has used or have been used on the paperwork saying that it is the same person.
I have documents in 3 different names; married name, my French name and the Mexican version, it is not a problem.

A notario is a lawyer representing the state on real estate matters and certifications a lawyer represents you.

Get your wife to register as a Mexican citizen and have her get a INE card. to start with. From then on she is a Mexican whole in Mexico then get a notario list all of the names she is using, the one on the birth do what you need to do to sell.h certificate , the one from the deed the married name and have the notario certified tha all the names represent the same person
then
Unless you got the place without a permit from the SRE I do not see why she has to become a citizen if she has the certification of the names.. Ask the notario why ...or go to a different notario or get a lawyer to talk to your notario with you there so you are clear on all the details. The lawyer will represent you.. the notario will represent the law of the land.. hopefully.

If you sell for less than 4.2 you do not pay taxes

Ids the place in both of your names?

Well not quite. If your profit is less than 4.2 mil pesos you do not pay capital gains taxes assuming you have lived in the house as your primary residence for at least 3 years and have not used the house for rentals or any other business purpose.

https://yucalandia.com/living-in-yucatan-mexico/capital-gains-taxes-on-mexican-properties/

yes correct and if a couple own the house the 4.3 deduction applies to each one of the owner..

Yes, the best bet is to see the Notorio before putting your house up for sale as he alone determines if you will pay any capitol gains or not.

When I wanted to reclaim my US citizenship, I took all my papers tto the US Consulate inn Toronto and applied for a passport. Worked like a charm.

We took a trip during which my spouse went to the SRE office and obtained a Mexican Pasaporte  with her name as listed on her Mexican birth certificate.

When it comes to the home it was our primary residence while in Mexico and our daughters only residence for over 3 years.  The home has never been rented or leased.

Now an interesting Situation after the ID issue.  

• The proposed purchaser wants to pay with a combination of cash and an infonavit credit.
  
  What is an infonavit credit and how would it be paid to the seller ?
  

I would not do that. I also suggest that you make an appointment with a reputable Notario to find out why.

Greetings

SRE Permits for Foreigners Purchasing Property in Mexico

Has anyone heard of this ?

It has been brought to my attention that I did not such a permit when the transaction took place.

Plus a few more facts:  http://luxmx.com/sre-permits-and-foreigners-purchasing-property-in-mexico/

Is this really true ?

The answer is yes. All foreigners have to file with SRE before purchasing property in Mexico. (I did not bother to read your link.) The more important reply in this thread came earlier, repeated below.

CanuckBob wrote:Call a lawyer or a different Notario.