Q: Can I switch name of ownership on a house that has taxes that are still owed?
My dad passed away in 2015 he has a house in PR that me and my mother have been taking care of. We are trying to switch the title over to our name but taxes still need to be paid. Do we have to pay the entire amount before we can switch names?
A:
In most cases, you can transfer the ownership of a property even if there are outstanding property taxes. However, the unpaid taxes will typically remain attached to the property, meaning that the new owners (you and your mother) will become responsible for paying the taxes once the title is transferred.
Here are a few points to consider:
1. Inheritance: As your father's heirs, you and your mother may need to go through the probate process to legally transfer the property to your names.
2. Tax liens: Unpaid property taxes can lead to a tax lien on the property, which must be paid off before or during the sale of the property.
3. Payment plan: You may be able to work with the local tax authority to set up a payment plan for the outstanding taxes, which could allow you to transfer the title while gradually paying off the tax debt.
4. Legal advice: It's essential to consult with a local attorney specializing in real estate and probate law to understand the specific requirements and processes in Puerto Rico for transferring ownership and handling the outstanding tax debt.
In summary, while it may be possible to transfer the property title with outstanding taxes, you and your mother will likely be responsible for paying those taxes once you become the legal owners. It's best to consult with a local attorney to guide you through the process and help you understand your options.
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