My aunt was born and married in Mexico under Mexican law in 1977. They immigrated and she purchased separate property in 1988, an apramment building in California and are residents of California and lives of the income rents She has had enough of the marriage
and wants to divorce
from her husband My question concerns issues of community propery and how the transmuation of separate property in the context of California community property
rules in that their marriage in Mexico has an interesting item on their marriage certificate.
Like in many Franco Hispano Civilian countries Mexico allows the parties to elect at the onset of marriage when the marriage certificate is issued whether to be married and have their property/assets brought into the marraige separatly maintianed and tranmuted at the outset and anything mainted soley in ones names is separate or one could elect be considered "community property". My aunt and her husband elected "separate" (separacion de bienes). My aunt's mariage certificate under no uncertain terms indicated that both parties opted for separate property free of community property claims at the outset of the marriage clearly indicated in Spanish on the Mexican Marriage Certifacte, thus it appears that my aunt's marraige is a bi-national marriage.
My underlying question is, can the marriage certificate be used as an mutally consented prenuptial agreement
as they are legal residents of California and the divorce must be initiated in California given the community property issues for the CA Real Estate, although only maintained in my aunt's name. I have found Mexico's position on the matter from their Federal Civil Code, but would this fly in Califronia absent a properly issued in English prenuptial agreement? Or could the Mexican marraige certificate be registered in CA with County Clerk to give the Mexican Certificate effect?
Best, XXXXX XXXXX Santa Monica