Fideicomiso
Yes, you can own your home in Los Cabos.
Foreigners buy beachfront and desert property in Mexico every day, with full ownership rights, through an instrument written into law for exactly this purpose: the fideicomiso. Here is how it works, why it is secure, and why at Ramar our own in-house legal and accounting teams carry it from offer to title.
Can foreigners own property in Mexico?
Yes. Anywhere in the country, a foreigner can hold direct title in their own name — except within the constitutional Restricted Zone: the land within 50 kilometers (about 31 miles) of any coastline and 100 kilometers (about 62 miles) of any international border. Los Cabos, like every coastal destination in Mexico, sits inside that zone. There, the law does not forbid you from owning; it simply sets the structure through which you own. For residential property, that structure is the fideicomiso, a bank trust recognized under Mexican law and backed by the federal government. You become the sole beneficiary, with the full economic and legal benefit of the property — to live in it, rent it, remodel it, sell it, and pass it to your heirs.
What exactly is a fideicomiso?
A fideicomiso is a trust held by a Mexican bank acting as trustee. The bank holds the legal title to the property; you, the foreign buyer, are the named beneficiary. The distinction matters less than it sounds: the bank cannot sell, encumber, or do anything with the property. It acts only on your written instruction. You hold every meaningful right of ownership — to occupy, lease, renovate, mortgage, sell, gift, or bequeath. The trust is granted for an initial term of 50 years and is renewable indefinitely for additional 50-year periods. You can also name substitute beneficiaries directly in the trust, so the property passes to your heirs without a Mexican probate proceeding.
Why a fideicomiso is secure
The fideicomiso is not a workaround or a gray area — it is the mechanism the Mexican government built, in 1973, for foreigners to own in the Restricted Zone, and the 50-year term and renewal were affirmed under NAFTA. The trust requires a permit from the Ministry of Foreign Affairs (Secretaría de Relaciones Exteriores, SRE) and is formalized before a Mexican notary public, a state-appointed officer who verifies clean title and registers the deed. The property is yours in every practical sense; the bank is a custodian bound by law and by your instructions, not a co-owner. Millions of foreigners hold Mexican real estate this way. The risk in buying here has never been the fideicomiso itself — it is buying without the right team verifying title, permits, and tax position before you sign. That is the part we own.
The Ramar advantage: legal and accounting, in-house
Most brokers hand you the keys and refer you out — to an attorney, a notary contact, an accountant you have never met — and step back at the moment the stakes are highest. We do the opposite. Ramar has its own legal and accounting departments under one roof, and they carry your purchase from the first offer through title verification, the SRE permit, the bank trust, the notary closing, and the tax and reporting obligations that follow. You are buying in a foreign country, in another language, under a legal system you did not grow up in — and you do it with one accountable team that answers for the entire transaction. That is what lets a foreign buyer close in Los Cabos with genuine confidence, not crossed fingers. The desert that becomes an oasis of life is only an oasis when you can truly call it yours.
How the process works, step by step
Offer and due diligence
We negotiate your offer and put the agreement in writing. Our legal team immediately begins title verification — confirming the property is free of liens, that taxes and fees are current, and that the seller holds clean, registrable title.
SRE permit
We file your application for the trust permit with the Ministry of Foreign Affairs (SRE). This federal authorization is what allows the bank trust to be established in your name, and it is typically granted within a few business days.
Setting up the bank trust
We arrange the fideicomiso with a Mexican fiduciary bank, naming you as sole beneficiary and naming your chosen substitute beneficiaries (your heirs) directly in the trust. The terms are drafted to protect your rights to use, lease, sell, and inherit.
Notary closing
The transaction is formalized before a Mexican notary public, who reviews the documentation, certifies the deed, and submits it for registration in the Public Registry of Property. Funds are handled securely, and you sign as the beneficiary of the trust.
Title, taxes, and beyond
You receive your registered title held in trust for your benefit. Our accounting team sets up your tax position from day one — property tax, the annual bank trust fee, and, if you plan to rent, your rental-income reporting — so you own in Mexico fully compliant and without surprises.
Frequently asked questions
Do I truly own the property, or does the bank?
You hold every right that matters: to live in it, rent it, renovate it, mortgage it, sell it, and leave it to your heirs, along with all proceeds from a future sale. The bank holds bare legal title as trustee and cannot act on the property except under your written instruction. In every practical and economic sense, the property is yours.
What happens after 50 years?
The trust is renewable indefinitely for additional 50-year periods. The trustee bank notifies you as the term approaches, and the renewal is requested from the SRE. The property is never lost to the passage of time, and your renewal can be arranged well before expiration.
Can I leave the property to my children?
Yes. You name substitute beneficiaries — your heirs — directly in the trust document. On your passing, the rights transfer to them without a Mexican probate proceeding, which makes a fideicomiso one of the cleanest ways to pass property across borders.
Is a Mexican corporation a better option than a fideicomiso?
For a residence, the fideicomiso is the right instrument. A Mexican corporation — which can be 100% foreign-owned — is generally used when the property serves a commercial purpose, such as a rental enterprise, hotel, or retail operation, and it carries ongoing accounting and reporting obligations. Our team advises which structure fits your goals; for most buyers of a home in Los Cabos, that is the trust.
What are the ongoing costs of holding property in trust?
There is a one-time government SRE permit fee at closing and an annual fee charged by the trustee bank for administering the trust. Beyond that, you pay your annual property tax (predial), which in Mexico is notably low. Our accounting team itemizes every figure before you commit, so there are no surprises.
How long does the whole process take?
The SRE permit is usually issued within a few business days. From there, due diligence, setting up the bank trust, and the notary closing typically run about 45 to 60 days, depending on the property. We keep the timeline moving and keep you informed at every stage.
Own in Los Cabos with a team that closes for you
Our in-house legal and accounting teams structure your closing and your fideicomiso end to end. Tell us what you are looking for.