Legal Question in Real Estate Law in California

The requirements to transfer title to land in Mexico will be governed by Mexican law, not California. You need to ask Mexican counsel. Once they advise what you have to do, if it requires California legal action, you can repost your question with the details of what Mexico requires.

Unfortunately, this is probably a question of international law. You can, generally, get an order from the Family Law Court substituting for a spouse's signature if they either refuse to, or are not available to sign on something that is the subject of a pre-existing court order (the order to sell the property). However, whether Mexico will recognize and honor that order is another story. The second problem you may have is that most land in Mexico is not directly owned, but rather is owned through a bank trust arrangement (Fideicomiso or Mexican Land Trust), and again the question is will the Trustee of that Trust honor and accept anything but your wife's signature. My guess is that if the land is held in a fideicomiso, you will have an easier time with a Judge's signature in lieu of your wife's, than you will if you have to process a direct transfer with the Mexican government.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

In a California family court the situation sometimes arises where an absent party can't be found, and the other party then files a motion to have the clerk sign documents in the party's "place and stead." This method is a goat-rope under the best of circumstances. The court will want documentary evidence of the efforts you made to attempt to locate her; before you can apply for the signature you will have to already have a buyer to whom the deed can be delivered; and you will have to have a very patient buyer who will wait for you to apply to the court for the order, and for the court to complete the paperwork. All of the above presupposes a transaction for the transfer of real estate situated in the U.S. Now, on to the small fact that your real estate is situated in Mexico. Is a document that purports to transfer title, and is signed by a U.S. court clerk acting on behalf of your Ex, going to be recognized by the Mexican recorder of deeds, or by a Mexican title insurer? Since I am not licensed to practice, or familiar with, Mexican law I have absolutely no clue. My suggestion is that you consult a U.S. family law attorney who practices near the Mexican border and ask if they have any experience with this type of transnational situation.