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When purchasing a property you can choose different modalities to make the agreement more convenient and less expensive. One of these methods is the transfer of ownership and today on the LEX & CO blog we will tell you what it consists of.
The transfer of ownership consists of the transfer of possession of an asset in favor of a person, as well as the obligations and responsibilities that entails. That is, if the property has any type of debt, the new owner will have to take care of it.
There are many reasons to transfer a property, among the main ones is wanting to get rid of a mortgage loan that can no longer be paid off, but it is also common to do so to validate a will while the owner is still alive.
It is a process that is carried out through banking or social interest institutions, such as Infonavit. It consists of transferring the active debt of an owner to another person with the ability to pay it off and obtain title to the property.
For a mortgage transfer, the activity must be authorized by the financial institution that granted the credit, so that it has valid legal effects. In addition, a transfer contract must be executed before a notary public and a representative of the institution.
If it is an Infonavit house, the process can be done individually, you only need to have a current credit with a minimum of 2 years of completed payments, without default debts, and it must be an individual credit, not a marital one.
It is the most common type of transfer, in which an appropriate sales price is determined and the rights and obligations of the property are transferred. This process is very simple when done correctly and with the advice of real estate agents and mortgage lawyers.
You must have a purchase and sale contract validated by a notary public in which conditions are established such as the sale price, the date on which the debt must be settled, rights and obligations of the buyer, among others.
This type of transfer is carried out through a will in which the owner stipulates his will and transfers the rights to the property from the moment of his death.
The person who transfers the property through a will must be the owner of the property.
The will must be validated by a notary public.
The heir to the property must be of legal age. Otherwise, an executor must be appointed.
Conduct a probate trial once the property is awarded. This process lasts one to two years and is ruled through documents to validate the will.
This process is similar to that of a will, but is carried out when the owner of the property is still alive. In this case, it is common to resort to life usufruct, in which the donor loses the obligations of the property, but can continue living in it until his death.
A process must be carried out through a notary public.
The donation can only be made between family members, otherwise the 20% Income Tax (ISR) will be paid.
This type of transfer can be total, partial or reversible, as provided by the donor, who must be the owner.
If you are looking to transfer your property, at LEX & CO we can help you. In addition, we have other specialized services such as foreclosures, property recovery, challenging wills, among others that will help you protect your properties. Request more information through our contact form or WhatsApp button. Learn the Art of Winning.
Carlos Figueroa Rodríguez, attorney at law at Lex & Co. He has more than 10 years of experience in specialized cases involving insurance claims and medical malpractice. He is a graduate of the Universidad Anáhuac and has a Master’s Degree in Constitutional Law and Amparo from the National Bar Association. He also has a Doctorate in Juridical Sciences from the UCI Mexico. Professional license 6577215.
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