Legal Question in Real Estate Law in Mexico

I want to eliminate my wife`s name from my home

My wife and I were married in Pensacola, Florida 25 years ago. Just over 10 years ago we moved to Mexico. We purchased a home there in the state of Nayarit for $30,000 U.S.. Just over 5 years ago she abandoned me here in Mexico. Just before she left we came to a verbal agreement. She would take all of our uncollected notes in California and receive those payments and I would have the home in Mexico. The payees were making payments directly to a bank in California. They have all since been paid in full. The amount she collected was about $40,000 U.S.

I do not know where she lives. The last I heard from her was over two years ago, and then through an attorney in Florida. It was divorce papers in which she would give me a divorce and quit claim the house in return for $50,000. This was not reasonable since I do not have that much money or anywhere near it.

I still live in Mexico.

My question is: Can I eliminate her name from the home here in Mexico. I am 75 years old and am having trouble climbing the stairs to our bedroom. I would like to sell this home and purchase a single story home. I also do not feel comfortable with her name on the property since I am unable to will the entire house to my children.


Asked on 11/29/04, 5:56 am

1 Answer from Attorneys
Rafael E Castro Law Office

Re: I want to eliminate my wife`s name from my home

Unfortunately, if you and your wife signed the purchase agreement for the house and still married, the house belongs to both, and she shall execute the purchase and sale.

Considering your case, the only you can do is lease your house and receive full payment of the rent, and with the rental payments you receive you may lease another house or apartment.

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Answered on 11/30/04, 12:53 pm


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