Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Nelson Jose Francisco Alvarez-Aponte
1 Answer | Asked in Real Estate Law and Land Use & Zoning for Puerto Rico on
Q: Greetings, I am unclear as to Adverse Possession, not asking about squatters, laws in Puerto Rico.

Adverse possession (not squatting) in regards to real estate, as I understand it, is when someone has taken over part of your property and is actively using it with your knowledge and you, the legal owner of said property has done nothing to remove the person from your property. After a set amount... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Mar 4, 2020

Hello and thank you for using Justia. This does form part of squatter's rights known as "Usucapion". In order to become the new owner, the party that is using your property must do it in a peacefull manner, act as if he is the owner infront of the públics eye, do acts of ownership... View More

2 Answers | Asked in Child Custody for Puerto Rico on
Q: How can we fight to not pay past dues on Child Support when the non-custodial parent was deployed overseas?

NCP deployed overseas, ex wife filed for child support in PR saying he wasn’t paying any money. He has proof that he was sending money to his youngest son, the other two he wasn’t sending money because prior to a case being opened in PR they had child support agreements in Philadelphia. The... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Mar 4, 2020

Hello and thank you for using Justia. ASUME never answers the phone thus you will continue to waste your precious time. You need to hire an expirienced Attorney in Puerto Rico and litigate the matter. With the evidence of payments that you made, military deployment documents at the time of her... View More

View More Answers

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Greetings, How do I go about getting a lot line adjustment?

My neighbors need part of my land and I need part of theirs. Since both areas are on the same property line it would be logical to just do a lot line adjustment. How do I get the process started? Is it possible in Puerto Rico?

The property is rural.

Thank you.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Feb 26, 2020

Hello and thank you for using Justia. We have a different legal process as a remedy available. You will need to hire an Attorney, do a new plot plan study, get a Property Surveyor to remeasure the property and then prepare a public deed with the new measurements un the Registry of Property... View More

2 Answers | Asked in Family Law and Child Support for Puerto Rico on
Q: Does ASUME in PR deviate from guidelines when noncustodial parent has other biological children or other CS obligations?

I read that many states do deviate from guidelines when NCP has other children to care for or other support orders (for children not on case). Does ASUME deviate or consider the other children as an expense or credit?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Feb 23, 2020

Hello and thank you for using Justia. Yes local law does allow crédits for other child support Court Órdenes, children under your care in addition to various other crédits.

If you need additional information please feel free to contact me directly.

View More Answers

1 Answer | Asked in Adoption for Puerto Rico on
Q: Do I need an attorney in Puerto Rico to get name changed on birth certificate after adult adoption completed in NC?

I adopted my husband's adult son (born in Puerto Rico) in North Carolina. The court sent a report to vital records in Puerto Rico to have his birth certificate updated with his new last name. We are being told that Puerto Rico won't recognize the adoption without us appearing in court... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Feb 22, 2020

Hello and thank you for using Justia. In order to changed any information on a certificate registered in the Department of Demografic Registry (Office of Vital Récords) a Court Order is required. The Court must issue a ruling authorizing the change of information stated in the certificate. In... View More

1 Answer | Asked in Civil Litigation for Puerto Rico on
Q: Can a Quitclaim deed made in Florida be valid in Puerto Rico?

Hello my wife's mother, aunt and uncle all inherited a house from there father when he passed away in mid 1994, this is all documented through the courts in Puerto Rico. My mother in law was living in the house but is not living in a nursing facility. the three siblings want nothing to do with... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Feb 16, 2020

Hello and thank you for using Justia. A Quitclaim will not be legal in Puerto Rico since our laws do not recognize this document for transfer of property.

The legal way to do what the siblings and your wife want to do is as follows;

1) At this moment the title of the property...
View More

1 Answer | Asked in Arbitration / Mediation Law for Puerto Rico on
Q: If a municipal judge decides to send you and the other person to arbitration, are you obligated to go?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Feb 15, 2020

Hello and thank you for using Justia. If the Honorable Judge issued a Court Order then yes you must comply but you are not obligated to mediate. You are only obligated to show up at the appointment.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My stepdad have a land in Guayama and he is in Pennsylvania state Prison need help

The house was damage by the hurricane Maria he wants me to handle the property and fix the damage but to make it easier to put the house under my name but I need help I live in Philadelphia PA I have the papers of the house

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Feb 15, 2020

Hello and thank you for using Justia. This all depends on the age of your Father and how many children he has. This is done to protect the future Inheritance of his children. I would suggest that you begin repairs with the house and then decide if your Father should donate or sell said property to... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: from start to finish how much does it cost to register a piece of property in P.R.?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Feb 12, 2020

Hello and thank you for using Justia. This all depends on the sale price or value of the property you receive. You can verify the cost using the following link;

http://www.fianzanotarialpr.org/calnota/

Just full in the blanks and it will give you an idea of the costs.

This...
View More

1 Answer | Asked in Contracts for Puerto Rico on
Q: Can a 19 year old sign legal documents in Puerto Rico?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Feb 8, 2020

Hello and thank you for using Justia. As a general rule of law unless that 19 year old has been legally emancipated, he/she cannot sign legal documents by themselves since they are still under age 21 when they become a consenting adult. A person is considered a minor until age 21under the laws of... View More

2 Answers | Asked in Criminal Law for Puerto Rico on
Q: How do I obtain an expungement record for a criminal case in San Juan, Puerto Rico?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Feb 4, 2020

Hello and thank you for using Justia. An expungement of a criminal case in Puerto Rico is a legal process by which a criminal record is eliminated as to be able to obtain a certificate of good conduct. There are various crimes that cannot be expunged ever and other crimes have certain restrictions.... View More

View More Answers

2 Answers | Asked in Child Support for Puerto Rico on
Q: what are the provisions re ending child support if 18yo child is involuntarily hospitalized for drug abuse in PR?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Feb 4, 2020

Hello and thank you for using Justia. The child support payment is for the child's benefit regardless where he/she may be. There is no provisión in law as to eliminating child support payment because said child is in rehabilitation. I donot think that a Court will eliminate the obligation to... View More

View More Answers

1 Answer | Asked in Civil Litigation for Puerto Rico on
Q: Can a Class Act sue be done againt Asume de Puerto Rico? Or something in general to bring to light what going on

I have notice many father in the USA are suffering due to Asume lack of professionalism. Many have try resolving this issues of child support payments/arrears etc., with no success and have suffered for it, losing homes, jobs, etc...because they cant keep up with payments and payment that excess... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Feb 3, 2020

Hello and thank you for using Justia. To file a class action suit against a Government and/or it's agencies is a very expensive and burdenous venture to under take.

Attempting to resolve a matter with ASUME on your own has proven over and over again to be a fruitless process. ASUME...
View More

2 Answers | Asked in Divorce for Puerto Rico on
Q: Been divorced over 10 years in Puerto Rico.My ex never paid mortgage. Can he claim half of my home now?

Been divorced over 10 years in Puerto Rico.Granted divorce for and abandonment of marriage

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Feb 2, 2020

Hello and thank you for using Justia. At the time of purchase, the house became marital society property. As of the divorced, the property became community society property also known as Post Marital society property. It remains community society property until the parties liquidate said house.... View More

View More Answers

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: How would i sell land inherited via a will, in Puerto Rico when there are legal issues with the title?

My parents own 75% share of land in Rincon, PR. They now live in Virginia, and I live in Arizona. They have 3 separate legal issues with the land where people have built homes on my parents land many years ago. My parents have been paying property tax on the land but the 3 squatters have been... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Feb 1, 2020

Hello and thank you for using Justia.

You mention squatters and this is a very important matter. If said squatters have lived on that property for more thirty years they can claim rights to said property and thus become the owners. It is urgent that you act now. A very good way to act is to...
View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My grandfather died and left land in Puerto Rico. How do I get the deed before his neighbors try to sell it?

He left the deed to a friend back in the 1930s when a handshake used to mean something and now that friend passed the deed to his son. They are trying to falsely using our last name to try and sell the land. I have 2 out of the 6 living uncles (my dad is one of the deceased) and only 1 of them is... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jan 31, 2020

Hello and thank you for using Justia. Yes there is something that you and the others that have been denied their legal rights can and should do to ratify the situation. The legal process you will need to follow is to create an Estate for your beloved Grandfather and possibly one for your beloved... View More

1 Answer | Asked in Consumer Law for Puerto Rico on
Q: Can I sue a hotel for charging multiple cancellation fees to my credit card?

I reserved a total of 10 rooms for a large group traveling to Puerto Rico. I cancelled the rooms a month before our trip. The cancellation process told me that there would be no cancellation fee. The hotel ended up charging me a cancellation fee for 9 of the rooms under the same credit card. I have... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jan 30, 2020

Hello and thank you for using Justia. You can file a claim if you have proof that no cancellation fees would be charged. However it would be much more económical to contact your credit card company and deny the charges.

If you need additional information please feel free to contact me directly.

2 Answers | Asked in Adoption for Puerto Rico on
Q: How can I give my unborn child up to a couple who wants it here in PR?

My name is Wanda, I am here in PR and im currently 22 weeks pregnant but i don’t want this baby, was too late for an abortion and am trying to do an adoption. My bf has a coworker whom wants to adopt the baby i am carrying. How do we go about this process??

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jan 30, 2020

Hello and thank you for using Justia. You can create a surrogate agreement. You will need to visit a Notary Public inorder to create a written agreement between you and the adoptar.

If you need additional information please contact me directly.

View More Answers

2 Answers | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: My brother pays for child support In Puerto Rico his ex wife does not allow visitation to see his daughters .
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jan 29, 2020

Hello and thank you for using Justia. Your brother has to file a motion requesting visitation. This will have the Court regulate the visitation process and garantee his right to have visitation with his daughters. The Court will obligate the Mother to allow visitation and paternal relationships. It... View More

View More Answers

1 Answer | Asked in Contracts for Puerto Rico on
Q: My wife wants to take her name off of the deed we just purchased in p.r. a few months ago.what is that process?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jan 23, 2020

Hello and thank you for using Justia. You first need to contact the morgage bank to remove your wife's name from the mortgage. Then you will need to draft a document of seperation of marital property to personal property under a postnupcial agreement.

If you need additional information...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.