structural:expansion
First return to Spain (1528) and Marquessate of the Valley of Oaxaca

In 1528, Cortés returned to Spain to appeal to the justice of his master, Charles V. Juan Altamirano and Alonso Valiente stayed in Mexico and acted as Cortés's representatives during his absence. Cortés presented himself with great splendor before Charles V's court. By this time Charles had returned and Cortés forthrightly responded to his enemy's charges. Denying he had held back on gold due the crown, he showed that he had contributed more than the quinto (one-fifth) required. Indeed, he had spent lavishly to build the new capital of Mexico City on the ruins of the Aztec capital of Tenochtitlán, leveled during the siege that brought down the Aztec empire.

He was received by Charles with every distinction, and decorated with the order of Santiago. In return for his efforts in expanding the still young Spanish Empire, Cortés was rewarded in 1529 by being accorded the noble title of don but more importantly named the "Marqués del Valle de Oaxaca " (Marquess of the Valley of Oaxaca) and married the Spanish noblewoman Doña Juana Zúñiga, after the 1522 death of his much less distinguished first wife, Catalina Suárez. The noble title and senorial estate of the Marquesado was passed down to his descendants until 1811. The Oaxaca Valley was one of the wealthiest regions of New Spain, and Cortés had 23,000 vassals in 23 named encomiendas in perpetuity.

Although confirmed in his land holdings and vassals, he was not reinstated as governor and was never again given any important office in the administration of New Spain. During his travel to Spain, his property was mismanaged by abusive colonial administrators. He sided with local natives in a lawsuit. The natives documented the abuses in the Huexotzinco Codex.

The entailed estate and title passed to his legitimate son Don Martín Cortés upon Cortés's death in 1547, who became the Second Marquess. Don Martín's association with the so-called Encomenderos' Conspiracy endangered the entailed holdings, but they were restored and remained the continuing reward for Hernán Cortés's family through the generations.