Dual citizens buying property in Mexico: no fideicomiso needed

By Lic. Pati Claudia Galarza, attorney (Licenciada en Derecho), Cédula Profesional 15176510 · Published October 18, 2026 · Español

Yes. If you are Mexican by birth, even if you also hold US or Canadian citizenship, you can buy property in Baja California's border and coastal zone in your own name, with a regular escritura and no fideicomiso. The constitutional restriction applies to foreigners, and Mexican law treats a dual national as Mexican for property located in Mexico. What you need is proof of your Mexican nationality that the notario público will accept.

Why the restricted zone rule does not apply to you

Article 27, fraction I, of the Mexican Constitution says that only Mexicans, by birth or by naturalization, and Mexican companies have the right to acquire ownership of land, and that in a strip 100 km wide along the borders and 50 km along the coasts foreigners may not acquire direct ownership “for any reason”. That strip takes in Tijuana, Rosarito, Ensenada and San Felipe. Foreigners buy there through a bank fideicomiso, which needs an SRE permit (Ley de Inversión Extranjera, art. 11).

The Ley de Nacionalidad settles the question for dual nationals. Article 13 says that Mexicans by birth who hold or acquire another nationality act as Mexicans in the legal acts they carry out in Mexico and when they hold title to real estate in Mexico. The Ley de Inversión Extranjera defines a foreign investor as a person whose nationality is not Mexican (art. 2, fr. III), so your purchase is not foreign investment and needs no SRE permit.

There is one condition, in article 14 of the Ley de Nacionalidad: for these acts you may not invoke the protection of a foreign government, and anyone who does loses the property or right concerned to the Nation. It is the same idea as the agreement foreigners sign with the SRE under article 27 of the Constitution, often called the Calvo clause. For you it applies by law, and there is nothing extra to sign.

Who is Mexican by birth

Under article 30, section A, of the Constitution, Mexicans by birth include:

anyone born in Mexico, whatever the nationality of their parents;
anyone born abroad to a Mexican father or a Mexican mother. The current text, amended in 2021, does not require that parent to have been born in Mexico;
anyone born abroad to a father or mother who is Mexican by naturalization.

Nationality by birth cannot be taken away (Constitution, art. 37, section A), so becoming a US or Canadian citizen did not end it. Naturalized Mexicans are in a different position: under article 37, section B, they lose Mexican nationality by voluntarily acquiring another nationality, by presenting themselves as foreigners in a public instrument or by using a foreign passport. If you are Mexican by naturalization, confirm your status before you buy.

How you prove it to the notary

Article 3 of the Ley de Nacionalidad lists the documents that prove Mexican nationality. They include:

a Mexican acta de nacimiento;
a Mexican passport;
a carta de naturalización;
a matrícula consular with the security features the law lists;
failing all of these, any other evidence that legally shows the conditions for Mexican nationality were met.

If you were born in the United States or Canada, your foreign birth certificate does not on its own prove that you are Mexican. You need your birth registered in the Mexican civil registry. Mexican consulates act as civil registry offices and can issue birth certificates to Mexicans who live abroad, including people who were not registered at the time (Ley del Servicio Exterior Mexicano, art. 44, fr. III). Certified copies issued by consulates are valid in Mexico (Reglamento de la Ley del Servicio Exterior Mexicano, art. 84).

Start early: without the registration in hand at signing, the notary cannot record you as Mexican, and only the fideicomiso route is left.

Important: your US or Canadian passport proves who you are, not that you are Mexican. Bring your Mexican acta de nacimiento or Mexican passport to the notary. Notaries also commonly ask for your CURP and RFC, so get both before the closing date.

What the notary checks and how the deed is titled

The escritura must state each party's name, age, civil status, place of origin, nationality, occupation and address (Ley del Notariado para el Estado de Baja California, art. 121, fr. XI). The notary certifies the documents you present, confirms your identity with a passport, driving licence or other official ID (art. 122), examines the seller's title and its RPPC registration (art. 121, fr. III) and explains the legal effect of the deed to you (art. 121, fr. XII).

You appear in the deed as a Mexican national, and the property is registered at the RPPC in your name like that of any other Mexican owner. The deed is written in Spanish. If you do not understand Spanish well, you bring an interpreter of your choice (art. 127).

If your spouse is not Mexican

The constitutional bar applies to every foreigner, and Mexican permanent residency does not change it: the Ley de Inversión Extranjera treats the investment of permanent residents as Mexican, except for the real estate acquisitions covered by its Title Two, which include the restricted zone (art. 3). A foreign spouse therefore cannot appear as a direct co-owner in the escritura.

Agree with the notary how title will be held before you sign. The two usual routes are:

Title in the Mexican spouse's name only. This fits best under separación de bienes, where each spouse keeps their own property (Código Civil para el Estado de Baja California, art. 209). Under a sociedad conyugal, common property belongs to both spouses (art. 191), so expect the notary to look closely at your marriage regime.
A fideicomiso naming both spouses as fideicomisarios. The SRE permit application lists the name and nationality of each beneficiary (Reglamento de la Ley de Inversión Extranjera, art. 9), so one trust can include a Mexican and a foreign beneficiary.

If you married abroad, the Baja California Civil Code provides that Mexicans transcribe the foreign marriage at the Registro Civil of their domicile within three months of arriving in Mexico. If it is transcribed later, it has civil effect only from the date of transcription (art. 158).

Selling, and leaving the property to heirs

Selling works as it does for any Mexican owner: you sign the sale before a notary, and a foreign buyer will need a fideicomiso. For the tax side, see our guide on selling and ISR.

Inheritance needs more planning. Foreigners can inherit, but within the limits set by the Constitution (Código Civil para el Estado de Baja California, art. 1214). Because article 27 bars foreigners from acquiring direct ownership in the zone “for any reason”, a foreign heir cannot receive the escritura in their own name. The property can be placed in a fideicomiso for that heir through a bank with an SRE permit (Ley de Inversión Extranjera, art. 11), or sold. The current Ley de Inversión Extranjera and its Reglamento set no special procedure or deadline for this case, so plan it in your will.

Heirs who are themselves Mexican, such as your children born abroad, can inherit directly once their Mexican birth registration is done. Registering your children at the consulate now can spare your estate a fideicomiso later.

Practical steps

Confirm that you are Mexican by birth and obtain a Mexican acta de nacimiento, from a consulate if you were born abroad.
Get a Mexican passport, your CURP and your RFC.
If your spouse is a foreigner, decide with the notary how title will be held, and bring your marriage certificate (apostilled and translated if issued abroad).
Have the seller's title reviewed before you pay any significant amount.
Make a Mexican will that matches how you hold title and who your heirs are.

How Galarza Legal can help

We review your nationality documents before you commit to a purchase, work with the notary on how title will be held, review the seller's title at the RPPC and prepare a will that fits your family. You pay the notary, the registry and any bank directly; the firm does not receive or hold money for third parties.

Frequently asked questions

Do I need a fideicomiso if I am a dual US–Mexican or Canadian–Mexican citizen?

No, if you are Mexican by birth. The Ley de Nacionalidad (art. 13) treats you as Mexican for real estate in Mexico, so you can take a regular escritura in your own name in the restricted zone. You must prove your Mexican nationality to the notary with one of the documents in article 3 of that law, such as a Mexican birth certificate or passport.

My mother is Mexican but I was never registered in Mexico. Can I still buy directly?

You are Mexican by birth under article 30 of the Constitution, but you need the registration to prove it. A Mexican consulate can issue your birth certificate even if you were not registered at the time (Ley del Servicio Exterior Mexicano, art. 44, fr. III). Until you have it, the notary cannot record you as Mexican.

Can my American or Canadian spouse be on the deed with me?

Not as a direct owner in the restricted zone. The Constitution bars foreigners from direct ownership there, and permanent residency does not change that. The options are title in your name only, which is simplest under separación de bienes, or a fideicomiso naming both of you as beneficiaries.

What happens if I ask the US or Canadian government to protect my Mexican property?

Under article 14 of the Ley de Nacionalidad, a dual national may not invoke foreign government protection over property held in Mexico. Anyone who does loses that property or right to the Nation.

Can my US-born children inherit the property directly?

Yes, if they are Mexican and their birth is registered in Mexico. A foreign heir cannot receive direct ownership in the zone; the property would have to go into a fideicomiso for them or be sold. Plan this in a Mexican will.

General information about Mexican law as of the date shown; not advice on a specific case. Every figure is an estimate.