Fideicomiso for a Married Couple: US Citizens Buying in Mexico

For a married couple of US citizens buying in Mexico, the simplest and most protective approach is to hold a single fideicomiso with both spouses named as co-beneficiaries. This gives each spouse equal ownership rights and lets you build in survivorship, so the property passes directly to the surviving spouse without Mexican probate. It is the standard structure for couples buying on the coast in places like El Sauzal, Ensenada.

A fideicomiso is a trust held by a Mexican bank, required for foreigners buying within 50 kilometers of the coast. Here is how married couples should think about it.

One trust, both spouses as beneficiaries

You do not need two trusts. A single fideicomiso names both spouses as primary beneficiaries, typically 50/50. Both enjoy identical rights to use, lease, improve, sell, and transfer the property. The bank holds bare legal title only and acts on the beneficiaries' instructions.

Your notary lists both spouses on one SRE permit application, so the cost and timeline match a single-buyer purchase, usually four to eight weeks to close.

Built-in survivorship

The most valuable feature for couples is survivorship. When you set up the trust, you can name each spouse as the substitute beneficiary of the other. If one spouse passes away, their share transfers directly to the survivor, bypassing Mexican probate entirely.

You can also name your children as the next successors after both spouses, creating a clean multi-generational plan inside the trust itself. Confirm the exact language with your notary so it reflects your wishes.

Why this beats holding separately

Some couples ask whether one spouse should hold the property alone. For most buyers, joint beneficiaries are better because:

• Both spouses have full, equal rights to the home
• Survivorship is automatic and avoids probate
• Decisions are made jointly, protecting both parties
• Estate planning is handled within the trust, not by a foreign court

What you both should do at closing

Because both spouses are beneficiaries, both should sign the trust at closing. If travel is difficult, either spouse can grant a power of attorney so the closing proceeds without both being physically present. Our team and the notary coordinate this.

Costs are the same as a single buyer

Naming two spouses does not add SRE permits or duplicate trust fees. You pay one annual trustee fee (a few hundred to about a thousand USD per year) and the usual one-time closing costs of roughly 5 to 8 percent of the purchase price. For the full breakdown, see our investment guide, and to understand shared structures generally, our note on whether two people can share a fideicomiso.

Estate planning made simple

For an American couple, the fideicomiso quietly solves a problem that worries many cross-border buyers: what happens to the property when one of you is gone. With named successors, the answer is clear and immediate, with no Mexican court involvement. That peace of mind is part of why so many San Diego couples choose Baja's coast.

Start your life on the Pacific together

Viento Ensenada makes buying as a couple seamless. Our oceanfront residences in El Sauzal start at around half a million USD, 90 minutes from San Diego, surrounded by the club de playa and Valle de Guadalupe wine country. We structure your trust with the right survivorship so your home is protected for both of you and your family.

Schedule a private visit by WhatsApp or through our contact page and we will set up your fideicomiso the right way from the start.