Who owns what in a marriage in Mexico?

Differs by state, region or province

In Mexico spouses choose between a conjugal partnership and separation of property when they marry, and the rules are set by each state.

Updated October 2026. Spotted a mistake? Tell us.

The default, not your case. This page describes what applies when a couple sign no contract. Family law changes, and a court can decide differently on the facts of a case. For a couple with a foreign spouse, take advice in each country involved. This is general information, not legal advice.

What applies by default

The spouses state their choice when they register the marriage. The conjugal partnership shares property in the way the marriage settlement and the state law say, and separation of property keeps each spouse's property apart.

When the marriage ends in divorce

A conjugal partnership is liquidated and divided according to the marriage settlement, and separate property stays with each spouse, with a possible compensation for domestic work in some states.

A marriage contract

The marriage settlement, called capitulaciones matrimoniales, is made before or during the marriage and can be changed later in the way the state law provides.

What stays your own, and gifts

Property from before the marriage, gifts and inheritances stay personal.

If one spouse is a foreigner

Check the state where the marriage is registered, because state law governs the regime.

Understand the legal system first

Mexico belongs to the Civil law family. Family law grows out of the legal tradition, so it helps to know how the system works.

Read the Mexico legal-system profile in the Legal Families Atlas →
Can a foreigner buy property in Mexico? →

Official sources

Government of Mexico

TheLawToKnow Tools’s marital property guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.