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Selling a co-owned house in Mexico: who has to sign

Who signs the sale of a house with several owners in Mexico, what each co-owner can sell alone and what the law says when one does not want to sell.

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Published

09

QP Abogados editorial team

8 min read

Two Roman-inspired bronze keys joined on a single iron ring, lying on a stone slab against a deep blue background.

Two siblings appear as owners of a house in the deed. One wants to sell and the other does not answer. The question comes up by itself: can one sign for both?

No, unless the other has authorized it. The civil codes of Mexico City and of the State of Mexico agree on two rules: no one may sell anything other than what they own, and no one may contract in another's name without being authorized by that person or by law [1] [2]. The law recognizes each co-owner as having full ownership of their aliquot share (parte alícuota), not of the whole house. That is why the sale of the entire house needs all the co-owners, each on their own behalf or through another legally authorized person. What follows refers to those two codes, which do not always say the same thing.

What each person can sell

Both codes define co-ownership with the same expression: what belongs to several persons belongs to them “pro-indiviso”, that is, in common and undivided [1] [2]. What the law recognizes for each co-owner is an aliquot share. As long as the house remains undivided, that share is not a particular bedroom or floor. As to its size, both codes presume that the shares are equal: Mexico City's, as long as the contrary is not proven; the State of Mexico's, absent proof or agreement to the contrary.

In Mexico City, article 950 says that every co-owner has full ownership of their aliquot share and that, consequently, they may dispose of it, assign it or mortgage it. It adds that the effect of that disposal or mortgage as against the other co-owners is limited to the portion allotted to them in the division, when the community ends [1]. In the State of Mexico, article 5.153 recognizes every co-owner's full ownership of their aliquot share, and article 5.160 prevents them from disposing of it to third parties without respecting the right of first refusal (derecho del tanto) [2].

Neither of those articles authorizes a co-owner to sell what belongs to the others. Nor is the relative who is handling the talks authorized merely because they are in charge of them: the authorization of each owner, or of the law, is required.

If you sell only your share: the right of first refusal

Both codes say that co-owners have the right of first refusal [1] [2].

In Mexico City, article 973 establishes that you may not dispose of your aliquot share to outsiders if another co-owner wishes to exercise that right. To that end you must notify the others, through a notary or judicially, of the sale you have agreed, so that within the following eight days they may exercise the right of first refusal. Once the eight days have passed, the right is lost. The same article sets the consequence of omitting the notice: “Until the notification has been made, the sale shall produce no legal effect whatsoever” [1].

In the State of Mexico, article 5.160 establishes that co-owners may not dispose of their aliquot share to third parties without respecting the right of first refusal. Notice to the others is given “through a Fedatario Público or judicially” (a Fedatario Público is a public attesting officer), also regarding the agreed sale and with the following eight days to exercise the right. Once that period has passed, it is lost. Article 5.161 adds that, when the sale has been completed, the preferred co-owner may bring the redemption action (acción de retracto) to be subrogated to the rights and obligations of the third-party buyer [2].

Each article names only those two means of notification, and a message in the family group chat is neither of them. Both speak of “the following eight days” without further detail, so ask your lawyer how they are counted before relying on a date.

On a sale between the co-owners themselves there is an isolated court criterion (tesis aislada) published in January 1994. The First Collegiate Court in Civil Matters of the First Circuit interpreted articles 973 and 2279 “of the Civil Code” (“del Código Civil”), the same numbers that today deal with the right of first refusal in Mexico City's code, and held that when buyer and seller are members of the co-ownership it is not necessary to make the transaction known to the other co-owners, because in it they are not entitled to the right of first refusal [3]. It is the isolated criterion of one court, not binding case law (jurisprudencia), and it does not mention the State of Mexico's code. Confirm with your lawyer whether it can be invoked in your case before omitting a notice.

If a co-owner does not want to sell

Here the two codes do not say exactly the same thing.

In Mexico City, article 939 provides that those who have legal ownership of a thing cannot be obliged to keep it undivided, except in cases where ownership is indivisible by the nature of the thing or by determination of the law. Article 940 provides that, if ownership is not divisible or the thing does not admit of convenient division, and the co-owners do not agree that it be allotted to one of them, it shall be sold and the price distributed among the interested parties [1].

In the State of Mexico, article 5.143 provides that the co-owners of an asset cannot be obliged to keep it undivided, except in the cases where the law so determines. Article 5.144 provides that, if ownership is not divisible or the asset does not admit of convenient division, it shall be sold respecting the right of first refusal and distributing the price among the interested parties [2]. That article does not mention allotment to one of the co-owners, which does appear in Mexico City's.

These articles do not say before whom the sale is requested, how it is processed or how long it takes. That has to be reviewed with a lawyer in each case.

Real estate advice and transactions

Do you have a case like this?

Write to us. Three details are enough for us to review your matter and tell you the next step.

Before receiving an advance payment

If one of the title holders has died, it is worth knowing first where their succession stands. On this site we explain how to claim an inheritance, the stages of an inheritance proceeding and the difference between possession and ownership.

Before signing a promise-to-purchase agreement, read whether it treats as settled something that is still pending. If two title holders accept and the third has not answered, the contract should say so.

When to contact us and what to bring

At QP Abogados our work on a sale is legal. We investigate the property's legal status, its encumbrances, the seller's identity and powers of attorney. We draft and negotiate the promise-to-purchase agreement and support the transaction through notarial signing. We handle properties in Mexico City and, in the State of Mexico, in Naucalpan, Tlalnepantla, Huixquilucan and Atizapán.

It is advisable to seek advice before accepting an advance payment, and more so if a co-owner has not answered or if one of the title holders has died. To review your case it helps to have at hand the deed, the title holders' identification documents, the powers of attorney if someone will act for another, the details of the succession if there is one and the offer or draft contract you already have.

Legal source

[1] Civil Code for the Federal District (Código Civil para el Distrito Federal), articles 938, 939, 940, 942, 950, 973, 1800, 1801, 2269 and 2279, Congress of Mexico City. The Congress publishes it with the legend “Última reforma publicada en la GOCDMX el 02 de septiembre de 2026” (latest amendment published in the GOCDMX on 2 September 2026). The last decree the document transcribes is the one published in the Official Gazette of Mexico City (Gaceta Oficial de la Ciudad de México) on 24 December 2025. Consulted on 10 November 2026.

[2] Civil Code of the State of Mexico (Código Civil del Estado de México), articles 5.142, 5.143, 5.144, 5.146, 5.153, 5.160, 5.161, 7.40, 7.41 and 7.552, Government of the State of Mexico. The document states “Última reforma POGG 09 de noviembre de 2026” (latest amendment POGG 9 November 2026). Consulted on 10 November 2026.

[3] Isolated thesis (tesis aislada) I.1o.C.53 C, “Derecho del tanto. Excepción tratándose de copropietarios” (Right of first refusal. Exception in the case of co-owners), First Collegiate Court in Civil Matters of the First Circuit, Semanario Judicial de la Federación, Eighth Period (Octava Época), volume XIII, January 1994, page 206, digital record 213747. Consulted on 10 November 2026.

The passages quoted from the codes are our own unofficial English translation, except where the Spanish wording is kept; the official texts are the Spanish originals linked above.

General information. Each sale depends on the deed, on who the title holders are and on where the property is located.

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