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For an attorney with experience in US & Mexican law: I'm a…

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For an attorney with experience in US & Mexican law:
I'm a US citizen about to start building a house in Mexico on property I purchased a few years ago (through a fideicomiso). I want to take any steps I can to protect the property so that I can enjoy using the home regardless of any bad luck or poor circumstances were to befall me. For example, I'm single but want to protect the property from potential future divorce or family disputes; I'm self employed and want to protect the property in case the business were to fall into hard times or be sued. What steps are recommended?
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Answered in 3 minutes by:
3/15/2018
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,955
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You already took the step, you used a fideicomiso, or trust, which would mean you do not own the home, the trust does. Thus, your creditors cannot take the home. In event of marriage, you need to use a pre nuptial agreement as well to make it clear that she has no interest in your separate property. But you have already used the Mexican Trust, which is a separate entity from yourself, so if you are sued, they can sue you personally, not the trust and the trust would not be subject to seizure.

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Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,955
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
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Customer reply replied 5 months ago
Thank you so much for the detailed response! I have a follow up questions I'm hoping you can help with: I am a US citizen who has been working on projects in Mexico for many years. I have permanent residency status in Mexico and have been asked by immigration to take the Mexican "citizenship" exam and become a dual national. If I were to do that, may I keep the fideicomiso for the protection you described or will I need to convert the property into my name? It sounds like the fideicomiso fee would be worth the protection you described if I'm able to keep using the fideicomiso instead of placing the property in my name. Or, if I must move it to my name at some point, is there another ownership/trust mechanism I should consider to continue protecting the property?
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