Mexico – Türkiye – Istanbul Lawyer: Enforcing Mexican Judgments, Divorce, Inheritance, Property and Child Return

Turkish citizens who live, work or invest in Mexico, and Mexican nationals living in Türkiye, often deal with two legal systems at once in divorce, inheritance, property, debt and child-related disputes. A decision may be issued by a Mexican court, yet the practical result is needed in Türkiye: at the population registry, the land registry or the enforcement office. In the opposite direction, a Turkish judgment that must be applied in Mexico goes through Mexico's homologation procedure.

Mexico's federal structure adds another layer to every file: the country consists of 31 states and Mexico City, and civil codes and procedural rules are largely set at the state level. The state in which a judgment was issued can therefore affect the form of the documents and the route to follow.

Maya Avukatlık Bürosu (Maya Law Office) operates in Kartal, on the Anatolian side of Istanbul. The office has no branch in Mexico; where necessary it cooperates with Mexican counsel and foreign firms. It also handles Turkish files for Turkish citizens living abroad and for foreign clients. Services are provided in Turkish and English.

Recognition and Enforcement of Mexican Judgments in Türkiye

A judgment issued by a Mexican court does not take effect in Türkiye on its own, even if it is final. A competent Turkish court must issue a recognition or enforcement decision. The procedure is regulated by Articles 50 to 59 of Law No. 5718 (MÖHUK). The lists of bilateral treaties published by the Turkish Ministry of Justice do not show a recognition and enforcement treaty with Mexico, so the process is conducted mainly under MÖHUK.

Recognition vs. Enforcement

• Recognition: the judgment is accepted in Türkiye as res judicata or conclusive evidence, for example so that a Mexican divorce is also valid in Türkiye. Reciprocity is not required for recognition (MÖHUK Art. 58).
• Enforcement: the judgment becomes enforceable in Türkiye, for example an alimony or debt award that can be pursued through an enforcement office. Reciprocity is required for enforcement (MÖHUK Art. 54).
• An enforcement decision also covers recognition.
• A Turkish court does not re-examine the merits of the Mexican judgment; it only checks whether the conditions are met.

Competent Court

• The court of first instance with general civil jurisdiction (asliye hukuk mahkemesi) is generally competent (MÖHUK Art. 51). In family law matters, the family court is competent.
• Venue is generally the defendant's place of residence in Türkiye. If the defendant has no residence in Türkiye, the courts of Ankara, Istanbul or Izmir may come into play.
• Anyone with a legal interest in enforcement may file a petition (MÖHUK Art. 52).

Conditions, Apostille, Translation and Time Limits for Mexican Judgments

Conditions (MÖHUK Art. 50 and 54)

• The judgment must be issued by a Mexican court in a civil matter.
• The judgment must be final under the law of the place where it was issued.
• Reciprocity must exist; this requirement applies only to enforcement.
• The subject must not fall within the exclusive jurisdiction of Turkish courts.
• The judgment must not be manifestly contrary to Turkish public order.
• The defendant's right of defence must have been respected and the parties duly summoned.

Required Documents

• Certified copy of the Mexican judgment
• Certificate or annotation showing that the judgment is final
• Apostille: Mexico and Türkiye are both parties to the 1961 Hague Apostille Convention (in force for Türkiye since 1985 and for Mexico since 1995)
• Sworn Turkish translation of the judgment (documents are issued in Spanish)
• Power of attorney, identity and address details

Time Limits

Rather than relying on a fixed rule, each file is assessed by considering the date the judgment became final, limitation periods and the state of the evidence. Delay may cause documents to become outdated and invite objections. Applying promptly after finalisation is therefore recommended. The exact time limit should be confirmed after the file is reviewed.

Enforcement Process in Türkiye

Applying Turkish Judgments in Mexico

If a Turkish judgment, for example a debt, alimony or custody award, must also be applied in Mexico, it cannot be enforced automatically. In Mexico, foreign judgments are enforced through homologation (homologación). In most files the request takes the form of a letter rogatory (exhorto) and is reviewed by the competent Mexican court. That court is generally the court of the defendant's domicile in Mexico or, failing that, the court where the assets are located.

• The judgment must be final and the defendant must have been duly served.
• The judgment or its enforcement must not be contrary to Mexican public order.
• Documents must carry an apostille and be submitted with a sworn Spanish translation.
• Mexican counsel is required for the steps taken in Mexico; the preparation and document process in Türkiye can be handled from Türkiye.

Divorce in Mexico and Its Validity in Türkiye

Following the case law of Mexico's Supreme Court (SCJN), a spouse may obtain a no-fault divorce (divorcio incausado) on a unilateral request, without the other spouse's consent. For spouses who agree and have no minor children or marital property still to be liquidated, state law also provides an administrative divorce before the Civil Registry (Registro Civil) and, in some states, a divorce before a notary. Procedures and time limits differ from state to state.

• If only the validity of the divorce is needed in Türkiye, recognition is sufficient. Recognition takes effect from the moment the foreign judgment became final (MÖHUK Art. 59).
• A final divorce decision that is not contrary to public order may, where the conditions are met, be registered administratively at the population directorate or a Turkish mission abroad on the joint application of the spouses (Law No. 5490, Art. 27/A).
• If the administrative route is not suitable or the parties do not agree, a recognition case is filed before the family court (MÖHUK Art. 58).
• For custody, alimony, compensation and property regime provisions to be enforced in Türkiye, an enforcement case is required.
• Which route suits a divorce made before the Civil Registry or a notary in Mexico is assessed according to the nature of the document.

Inheritance, Wills and Assets in Türkiye

In Mexico, freedom of testation (libertad de testar) is the governing principle, although the testator's maintenance obligations toward certain relatives may limit it. The details of succession are set by state law. The estate is administered before a family judge or, where the heirs agree, before a notary. Mexico is reported to have no federal inheritance tax, but because tax practice can change, the current position should be confirmed at the time of the transaction.

On the Turkish side, under MÖHUK Article 20, succession is generally governed by the national law of the deceased, but Turkish law applies to immovables located in Türkiye. A single document or a single case may therefore not resolve the entire estate.

Common Inheritance Files

• Transfer of immovables in Türkiye to heirs (certificate of inheritance, Turkish Civil Code Art. 598)
• Use of a Mexican will or inheritance certificate in Türkiye
• Annulment of a will and reduction actions (tenkis) for forced-heirship violations
• Claims of sham transfers to defeat heirs (muris muvazaası)
• Termination of co-ownership among heirs

Whether a Mexican will is accepted for land registry and banking procedures in Türkiye depends on formal requirements, the apostille and a sworn translation. For immovables in Türkiye, the forced-heirship limits of Turkish law cannot be exceeded. Review of the file before taking any step is recommended.

Buying Property in Mexico: Restricted Zone and Fideicomiso

Article 27 of the Mexican Constitution prohibits foreigners from directly owning land within 100 km of the border and 50 km of the coastline (zona restringida). This strip covers many of the coastal towns chosen for holidays and retirement. In the restricted zone, foreigners acquire property through a fideicomiso (a bank trust in which a Mexican bank holds title as trustee) or through a company formed in Mexico. A fideicomiso is generally set up for 50 years and can be renewed. Outside the restricted zone, foreigners can hold title directly by a notarised deed (escritura pública).

Pre-Purchase Checklist

• Whether the property is in the restricted zone and the suitable route (fideicomiso, company or direct deed)
• The entry in the Public Registry of Property (Registro Público de la Propiedad), ownership history, mortgages and annotations
• The legal status of the land, for example whether it is communal agrarian land (ejido)
• Terms of the promise-to-sell or preliminary contract and the payment plan
• Fideicomiso terms: annual fees, duration, renewal and beneficiary designation

Property acquisition in Türkiye by Mexican nationals: Since 2012, Article 35 of the Turkish Land Registry Law no longer requires reciprocity; what matters is whether the buyer's nationality is on the list of countries determined by Presidential decision. Statutory limits apply, such as a nationwide cap of 30 hectares per person. Whether a nationality is on the list should be confirmed with the land registry office.

Child Abduction and the Hague Convention: Return of a Child Between Mexico and Türkiye

Both Türkiye and Mexico are parties to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Following Türkiye's acceptance of Mexico's accession, the Convention has been in force between the two countries since 1 April 2008. In Türkiye the Convention is applied through Law No. 5717, and the central authority is the Ministry of Justice.

• The Convention applies to children under 16 and aims at the return of the child to the country of habitual residence.
• It does not decide who should have custody; it seeks to preserve the position that existed before the child was wrongfully removed or retained.
• A return request is made through the central authority or the courts of the country to which the child was taken.

Commercial Disputes, Arbitration and the Investment Framework

Commercial relations between the two countries rest on several bilateral agreements: the 1998 Trade and Economic Cooperation Agreement, the Double Taxation Agreement signed on 17 December 2013 (in force since 2015), the Agreement on the Reciprocal Promotion and Protection of Investments, and the Agreement on Mutual Administrative Assistance in Customs Matters. The current status of each agreement should be checked at the time of the transaction.

• Arbitration: Both Mexico and Türkiye are parties to the New York Convention. In Mexico, commercial arbitration is governed by the Commerce Code, which is based on the UNCITRAL Model Law (Arts. 1415-1463). Recognition and enforcement of awards can offer a more predictable route than court judgments.
• Debt recovery: With a promissory note, cheque, invoice or contract, an enforcement proceeding without a judgment (ilamsız icra) can be started in Türkiye; if the debtor objects, an action to annul the objection is filed.
• Debtor's assets in Türkiye: attachment and, where appropriate, precautionary attachment are considered.
• Debtor's assets in Mexico: a separate proceeding or homologation is planned in Mexico.
• Contract drafting: the governing law, competent court or arbitration clause should be settled at the outset.

Practice Areas

Maya Avukatlık Bürosu provides legal support in the following areas for Mexico–Türkiye files:

Istanbul-Based Services and Cooperation with Foreign Firms

Maya Avukatlık Bürosu operates in Kartal, on the Anatolian side of Istanbul. The office serves Turkish citizens living abroad and foreign clients in their Turkish files. Services are provided in Turkish and English; Spanish documents are processed with sworn translation.

The office has no branch in Mexico. For steps that must be taken before Mexican courts or notaries, cooperation with Mexican counsel can be arranged where necessary. Such cooperation is set up according to the nature of the file and with the client's knowledge.

The following documents are usually enough for an initial assessment:

• The Mexican court judgment, or a copy of the case file if available
• Identity or passport details
• Title deed, fideicomiso, contract or will
• Correspondence between the parties and payment records

You can send your documents through the contact page.

Mexico – Türkiye Legal Relations: 17 Common Issues

1. Managing Mexican and Turkish Cases under Private International Law

MÖHUK determines the competent court, the applicable law and the recognition and enforcement of judgments in cross-border disputes. Each file starts with three questions: Which country's court is competent? Which law applies? Can the judgment be recognised and enforced in the other country?

2. Divorce Proceedings in Mexico and Their Effect in Türkiye

A divorce case filed in Mexico is heard under the civil code of the relevant state. Once final, a recognition or registration step is needed for the decree to take effect in Türkiye in terms of the population registry and the property regime.

3. Recognition and Enforcement of a Mexican Divorce Decree

Recognition or administrative registration is sought if only the termination of the marriage must be accepted in Türkiye; enforcement is sought if alimony, custody or compensation provisions must be applied.

4. Preparing the File for a Recognition and Enforcement Case

The judgment, the finality certificate, the apostille, a sworn translation, a power of attorney and identity details are prepared. In Mexico, a power of attorney can be issued at the Turkish mission or before a local notary, with an apostille.

5. Inheritance Rights of Divorced Spouses

If the divorce is not given effect in Türkiye, the spouses may still appear married in the records. When one of them dies, this can lead to disputes over heirship status. The recognition or registration step should therefore not be postponed.

6. Mexican Inheritance Law and Division of the Estate

Assets in Mexico are dealt with under Mexican law before Mexican courts or notaries; assets in Türkiye are dealt with under Turkish law before Turkish courts. The two groups of assets should be planned together.

7. Transfer of Inheritance and Probate Procedures in Türkiye

In Türkiye, a certificate of inheritance is obtained from a notary or a civil court of peace, inheritance and transfer tax procedures are completed, and then the land registry and bank transfers are carried out. In cases with a foreign element, the court route may be required.

8. Using a Mexican Will in Türkiye

The will's compliance with formal requirements, its apostille and the sworn translation of the Spanish original are checked. For immovables in Türkiye, the forced-heirship limits of Turkish law cannot be exceeded; if they are, a reduction action may follow.

9. Inheritance Tax in the Two Jurisdictions

In Türkiye, inheritance and transfer tax is subject to tariffs and exemptions that are updated every year. Mexico applies its own separate tax system. Current rates and filing deadlines should be confirmed at the time of the transaction.

10. Foreigners Acquiring Property in Mexico

Direct ownership is not possible in the restricted zone within 50 km of the coast and 100 km of the border; the fideicomiso or company route is used. Outside the zone, property can be acquired directly by a notarised deed.

11. Mexican Nationals Acquiring Property in Türkiye

Acquisition depends on the nationality being on the country list and on the statutory limits in Article 35 of the Land Registry Law. Foreigners cannot acquire property in military prohibited zones and security zones.

12. Lease Agreements and Eviction

For a lease in Mexico, the governing law and the competent court are determined first. Lease and eviction disputes concerning property in Türkiye are heard in Türkiye under the Turkish Code of Obligations.

13. Child Custody and the International Dimension

The best interests of the child are decisive in custody arrangements. For a Mexican custody decision to be applied in Türkiye, enforcement is required.

14. Alimony Claims

Turkish law recognises different types of alimony: interim, poverty and child-support alimony. For alimony awarded by a Mexican court to be enforced in Türkiye, an enforcement decision is required.

15. Child Abduction and Return

The Hague Convention is in force between the two countries. A return request is assessed on elements such as the child's habitual residence and the date of removal. Time is critical in these cases, so action should be taken without delay.

16. Domestic Violence and Protective Measures

In Türkiye, protective and preventive orders can be issued under Law No. 6284. In an emergency, police and emergency services should be contacted first.

17. Concluding Mexican Cases in Türkiye

If the result of a Mexican case is to be applied in Türkiye, it cannot be enforced without a recognition or enforcement decision. It is therefore important to assess from the start whether it is more suitable to file the case in Mexico or in Türkiye.

Frequently Asked Questions