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How Property Ownership Works in Mexico: Understanding the Fideicomiso

Updated: Jan 15


A Mexican Bank Trust, known as a Fideicomiso, is a legal structure that allows foreigners — and even Mexican nationals — to purchase real estate anywhere in Mexico, including the Restricted Zone.

When a foreign buyer purchases property, they designate a Mexican bank of their choice to act as trustee on their behalf. The bank obtains authorization from the Ministry of Foreign Affairs and holds the legal title to the property, while the buyer is the beneficiary with full ownership rights.

The trust is established for a 50-year term and can be automatically renewed for additional 50-year periods. During this time, the beneficiary has the right to use, lease, sell, transfer, or pass the property to heirs.

Although the bank holds legal title, it does so exclusively for the benefit of the buyer. The beneficiary enjoys the same rights as a direct owner, including renting the property, selling it, or assigning it to a designated heir.

The trustee bank ensures legal compliance and proper administration of the trust under Mexican law. Importantly, properties held in a Fideicomiso are not considered assets of the bank.

Many Mexican nationals also choose to purchase through a bank trust because it clearly establishes beneficiaries and functions similarly to a will. This structure helps avoid lengthy and costly probate processes, which in Mexico can take up to three years.

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