TL;DR
- Two stages, two rules. While the estate is still open, a sibling who sells their hereditary rights to an outsider must notify the other heirs first (Federal Civil Code, art. 1292). Once the house is titled to all of you, the co-ownership rule applies (art. 973).
- Co-owners come first. A co-owner cannot sell their share to an outsider if another co-owner wants it: the seller must notify the others through a notary or a court, and they have 8 days to buy on the same terms (art. 973).
- If several siblings want it, the one with the larger share is preferred (art. 974). If all your siblings agree to sell to you, there is no outsider and the rule does not get in the way.
- Mexican by birth? If you were born in Mexico or to a Mexican parent (Constitution, art. 30 A), you take title directly, even on the coast. Tanda Casa can finance the purchase of your siblings' share.
Most families do not plan this. A parent dies, the house in Mexico goes to the children, and a few years later one of them, often the one who moved to the U.S., wants to keep it while the others would rather have the money. The legal question is not whether you can buy your siblings out (you can), but in which order and with which notices. The general Spanish-language version, written for families in Mexico, is comprar la parte de mis hermanos. This page is the version for the sibling who lives in the U.S.
Who this guide is for
It assumes you are Mexican by birth. Article 30, section A, of the Mexican Constitution says that is anyone born in Mexico, and anyone born abroad to a Mexican mother or father. If your parents were Mexican and you grew up in Texas or California, that likely includes you; how to get the paperwork is in Mexican-American? Buy as a Mexican national. If you are not Mexican, you can still inherit and co-own, but buying in the coastal or border strip works through a bank trust; see buying in the restricted zone as a foreigner.
| Buyer | Direct title, inland | Direct title within 50 km of the coast or 100 km of a border |
|---|---|---|
| Mexican by birth (born in Mexico or to a Mexican parent) | Yes | Yes |
| Foreigner | Yes, after agreeing with the Ministry of Foreign Affairs to be treated as a national for that property | No: through a bank trust |
Source: Constitución Política de los Estados Unidos Mexicanos, articles 27 (section I) and 30 (section A), latest amendments DOF 02-06-2026 (diputados.gob.mx, accessed October 6, 2026).
Stage one: while the estate is still open
Right after a death, the house is still part of the estate (the sucesión). Until the estate is settled and the house is titled to the heirs, what each sibling has is a hereditary right, not a deed to a share of the house. Article 1292 of the Federal Civil Code covers the sale of those rights: an heir who wants to sell their hereditary right to an outsider must first notify the co-heirs, through a notary, a court or two witnesses, of the terms agreed. The co-heirs have 8 days to buy on those terms; after 8 days the right is lost. If the sale is made without that notice, the article says it is void.
For you, the practical point is that many sibling buyouts are simpler to close after the estate is settled, because then each sibling sells a defined share of a titled house. If the estate has not started, ask the notary whether to finish it first; the costs of that step are in our guide on inheritance of Mexican property.
Stage two: you and your siblings co-own the house
Once the house is titled to all of you, each sibling owns an undivided share (a cosa indivisa, in the Code's words). Article 973 sets the rule known as the derecho del tanto, the right of first refusal among co-owners:
| Situation | Rule | Article |
|---|---|---|
| A sibling wants to sell their share to an outsider | They must notify the other co-owners of the agreed sale, through a notary or a court | 973 |
| Time to answer | 8 days from the notice; after that the right is lost | 973 |
| Sale to an outsider without the notice | It has no legal effect while the notice has not been made | 973 |
| Two or more siblings want the share | The one who holds the larger share is preferred, unless you agree otherwise | 974 |
| A co-heir sells hereditary rights before the estate is settled | Notice through a notary, a court or two witnesses; 8 days; void without notice | 1292 |
Source: Código Civil Federal (Federal Civil Code), articles 973, 974 and 1292, latest amendment DOF 14-11-2025 (diputados.gob.mx, accessed October 6, 2026).
The rule protects the family when someone outside wants in. In a buyout where all your siblings agree to sell to you, there is no outsider and no one to notify; the notary simply records the sale of their shares to you. The rule matters if one sibling refuses and tries to sell to a third party: you have 8 days from the notice to match the offer. The house is governed by the civil code of the state where it sits; this page quotes the Federal Civil Code, and the notary will apply the state's version.
How much you need
The price is whatever you agree on, usually based on an appraisal. With equal shares, the math is simple:
| Number of siblings (equal shares) | Shares you buy | Cost on a house appraised at $2,400,000 MXN |
|---|---|---|
| 2 | 1 of 2 | $1,200,000 MXN |
| 3 | 2 of 3 | $1,600,000 MXN |
| 4 | 3 of 4 | $1,800,000 MXN |
Source: Tanda Casa example: appraised value × shares bought. Notary fees, the transfer tax (ISAI) and the registry are paid on top and vary by state.
Agree in writing on the value and on who pays the closing costs before anyone signs. Transfer tax rates by state are in our Spanish-language ISAI table by state.
Signing from the U.S.
You do not have to fly in for every step. A Mexican consulate can grant a power of attorney so that someone in Mexico signs the deed on your behalf; your siblings can do the same if they live abroad. The Consulate General of Mexico in Miami explains the options: a special power for one specific act, which ends once it is done, or a general power for acts of administration or of ownership (actos de dominio), which lets the attorney buy, sell or mortgage. For an inheritance, it asks you to state the name of the person who died, whether the estate is testate or intestate, and whether the power covers the process up to the award, a renunciation or the sale of hereditary rights. One requirement matters for siblings who sell: for powers to sell property, married applicants come with their spouse, except for property that comes from an inheritance or a donation. People born in Mexico must show a valid Mexican ID. Fees and the exact list vary by consulate; our Spanish guide on poder notarial en el consulado compares them. The notary will also ask for a Mexican tax ID (RFC); how it works is explained in the RFC explained. If you prefer to sign in person, the whole closing can happen in one visit once the documents are ready.
Paying your siblings
Most buyouts stall on one thing: the sibling who keeps the house rarely has the full amount in cash, and a U.S. paycheck is hard to use for a loan in Mexico. Tanda Casa, a brand of Planea Tu Bien, S.A. de C.V. (Mexico City, since 2009), finances the purchase of any titled property, including buying out your siblings' share, from $300,000 to $15,000,000 MXN over 180 months, with no credit bureau check and no proof of income. It is regulated by PROFECO. It is a plan you start paying little on; these are starting monthly payments, in pesos:
| Amount to pay your siblings | Starting monthly payment, 20% down (Promocional Baja) | Starting monthly payment, no down payment (Tradicional Baja) |
|---|---|---|
| $1,200,000 MXN | $6,116 MXN | $10,274 MXN |
| $1,600,000 MXN | $8,155 MXN | $13,699 MXN |
| $1,800,000 MXN | $9,174 MXN | $15,412 MXN |
Source: Tanda Casa estimate with the public formula of its Promocional Baja (20% down) and Tradicional Baja (no down payment) plans: starting monthly payment, including administration, VAT and life insurance. An advisor gives you the full plan.
Your next step
Find out where the estate stands: settled with a deed in your names, or still open. Agree on a value with your siblings, and put the amount you need in the plan calculator to see the starting monthly payment. If you want someone to walk through the numbers with you, message us on WhatsApp.
Frequently asked questions
Can I buy my siblings' share of our inherited house in Mexico from the U.S.?
Yes. You can sign at a Mexican notary in person or through a power of attorney granted at a Mexican consulate. The siblings who sell sign too, or grant their own power. The deed transfers their shares to you.
What is the derecho del tanto in Mexico?
It is the right of first refusal among co-owners. Under article 973 of the Federal Civil Code, a co-owner who wants to sell their share to an outsider must notify the others through a notary or a court, and they have 8 days to buy it on the same terms.
What if my brother sells his share to a stranger without telling us?
Article 973 says that while the notification has not been made, the sale has no legal effect. During the estate, article 1292 says a sale of hereditary rights made without notifying the co-heirs is void.
Do I need a fideicomiso to buy my siblings' share on the coast?
Not if you are Mexican by birth. Article 27 of the Constitution reserves direct ownership in the coastal and border strip to Mexicans; the bank trust is for foreigners. If you were born in Mexico or to a Mexican parent, you are Mexican by birth under article 30.
How much do I need to buy out my siblings?
Their share of the agreed value. With a house worth $2,400,000 MXN and three equal heirs, buying the other two shares is $1,600,000 MXN, plus notary costs and taxes.
Sources
- Código Civil Federal (Federal Civil Code), articles 973, 974 and 1292, latest amendment DOF 14-11-2025 (diputados.gob.mx, accessed October 6, 2026).
- Constitución Política de los Estados Unidos Mexicanos, articles 27 (section I) and 30 (section A), latest amendments DOF 02-06-2026 (diputados.gob.mx, accessed October 6, 2026).
- Consulate General of Mexico in Miami, "Poder Notarial" (types of power of attorney and requirements) (consulmex.sre.gob.mx, accessed October 6, 2026).
- Tanda Casa: public formula of the Promocional Baja (20% down) and Tradicional Baja (no down payment) plans; 6.0% annual CAT.