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Questions Answered by Rafael Pagan-Colon
1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: How can I check and find out if the land was ‘lotified’ or was segregation done ? What is the difference between the two

Prior years before my father passed he had filed with the court an Escritura leaving us assigned portions of his land. I filled through an attorney the Declaration of Heirs.. I have several documents that were submitted to the courts; I’m Not sure if everything was completed. I have a... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 21, 2023

You need to start with the land plot from whence the other lands were segregated. When plots are segregated from a source land plot, the Registrar annotates the new plot ("finca") numbers as entries to its historical tract. When a land plot is lotified, but not yet segregated, a plot plan... View More

1 Answer | Asked in Construction Law, Consumer Law, Real Estate Law and Contracts for Puerto Rico on
Q: Hello, can I place a lien on the developer/owner of an urbanization for repairs paid for by me?

The developer owner of the urbanization has failed to fix major construction issues to a point where our home is posing a hazard to live in as we have land settling and and erosion of soil. House foundation leaks water through the floors and electrical wiring has serious overload issues. I have... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 21, 2023

To place a lien on the urbanization, you would need to file a lawsuit to justify the lien in terms of the amount that you would be claiming against the developer. Due to the state you describe, you can file the lawsuit directly before the Court of First Instance, requesting permission from the... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: prior to my father passing he separated land between myself and my siblings .it does not appear listed in the CRIM, what

The catastrophe no# appears to be the same for all the property; it was my father’s #no. how can we verify each part and what do I need to do next. I tried to find it online; I found a listing for a portion of the land. When I contacted the office of the CRIM they were unable to find anything in... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 20, 2023

If the cadaster number is the same, it probably means that, at most, the land may have been lotified (i.e., outlined lots) but has not been segregated. Assuming that your late father was the sole owner of the land (was he single at the time of his death?), and assuming that you have a declaration... View More

1 Answer | Asked in Real Estate Law and Probate for Puerto Rico on
Q: What is process to inherit and change ownership of plot of land in Cidra, Puerto Rico, to 6 surviving siblings.

Both parents are deceased. The property is land only. A neighbor has built a structure - part of a house on a corner of the property. Siblings have paid back 14 years of back taxes 2 years ago when last parent died. Taxes continue to be paid and are up to date. How do we proceed to inherit the... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 20, 2023

The probate process in Puerto Rico begins by procuring the death certificates of bith parents. Did they die in Puerto Rico or abroad? If the latter, you'll need to provide these. With the death certificates on hand, requests are made to the Office of Notary Inspections to determine whether... View More

1 Answer | Asked in Child Support and Family Law for Puerto Rico on
Q: Do I have to keep paying child support if my 18 yo son joins the Coast Guard or any military branch?

I live in Florida and my son lives with his mother in PR. His mom gave him 2 options... (1) go to College and study whatever you want or (2) Join the Coast Guard. I know my obligations if he decides to go to college, but if he joins any branch of the military at 18 years of age, I can't... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 16, 2023

Your message does not state whether child support was assigned by the Puerto Rico courts. In any event, even if and when your son reaches the legal age of 21, release from child support payments is not automatic: you would have to submit a Motion before the Court for relief from child support.... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My father is selling his house in Puerto Rico. When my mom passed, we were added as heirs to the deed. He states an

affidavit from my brother and I is needed in order to sell. What kind of Affidavit do we need to obtain to give him permission? I know it needs to be notarized.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 15, 2023

In Puerto Rico, you'll need more than an affidavit for your dad to sell what is an hereditary estate community. Both you and your brother must subscribe a power of attorney deed, empowering your dad (as your agent) to sell the real estate property, which must be clearly identified in the power... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My father & brothers inherited their fathers’s land in Puerto Rico. Taxes are paid but one member is not paying.

All the paperwork for property to be divided is done. But we can’t get titles because he is not paying CRIM the taxes. How do we force him to pay so we can all get titles?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 6, 2023

Property taxes on an hereditary estate are the responsibility of all of the heirs, not just one of them. Any one of you can pay the CRIM taxes. At the time of dividing the estate, the heir that paid the taxes may recover the portions of said payment that should've been paid by the other heirs.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Puerto Rico on
Q: Can ownership of property be passed to a spouse when owner is deemed medically incompetent? (Puerto Rico Law)

Property filed under name of spouse who developed Lewy body dementia and Alzheimer's. Can property be transferred to the healthy spouse? What rights, if any, do the children of the sick spouse have to the property in question? Do the children need to be considered in the transfer of property... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 6, 2023

Under Puerto Rico law, an incapacitated individual's property may not be transferred to another person. Nevertheless, the administration and care of said property may be assigned to another. The healthy spouse would need to incapacitate the spouse suffering from dementia and/or alzheimer, and... View More

1 Answer | Asked in Contracts and Real Estate Law for Puerto Rico on
Q: My wife and siblings are buying a house in Puerto Rico and I want to waive my rights. What do I need to do?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 2, 2023

I need additional information to answer your question. Was the money to be used for the real estate purchase received by your wife as inheritance or donation? If so, you'd appear in the sales deed to the sole effect of declaring that you have no participation whatsoever in the funds used for... View More

1 Answer | Asked in Family Law for Puerto Rico on
Q: My mother and father died leaving a house and one acre lot in Puerto Rico to 10 brothers and sisters. Emotionally toug

The place has great emotional value to all, We all grew up there, but one brother has taken over, made additions to the the house and now claims it to himself, restricting or downright prohibiting the entrance to all others against our mother’s wishes. He will not reason and broke contact with... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Feb 23, 2023

When one of many heirs assumes control of an hereditary estate, the final recourse is to go before the courts in Puerto Rico. You may not want to sell, but your siblings have an equal right in the matter. Also, Puerto Rico Civil Code states that no commoner may be forced to remain in a property... View More

1 Answer | Asked in Employment Law for Puerto Rico on
Q: Greetings! Is it legal to ask an employee of a company to have 30mins break in a 11 hour shift?

I had to sign a waiver giving up the lunch hour and having 30 mins instead in order to get this job. They monitor my bathroom breaks in those 11 hrs. They expect us to change gear, go to the restroom and eat in 30 mins.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Feb 17, 2023

The waiver is required for the employer to file with the Puerto Rico Labor Department. As a rule of thumb, a non-exempt employee should get a 1-hour break for every 5 hours worked. Time worked in excess of the five hours is paid at 1.5 x the hourly rate (overtime). If the rest period taken (barring... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: As the current owner of land in Puerto Rico, am I permitted to lease the land to an individual or entity..See more info

As the current owner of land in Puerto Rico, am I permitted to lease the land to an individual or entity for the purpose of constructing a dwelling on the property?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 30, 2023

So long as you are the current sole owner of the land, you can lease said real estate to an individual or entity. Nevertheless, a lease contract is temporary by nature. Allowing a third party to erect a permanent structure on your land, of which you're not the owner, exposes you to legal... View More

1 Answer | Asked in Family Law for Puerto Rico on
Q: Hi! Im 19 and i am wondering if i can get legally kicked out of my home by only 1 parent out of the two in puerto rico

I have a horrible relationship with my parents but all my problems and fights are with my mom, they are both still married and live together with me at my house, my mom once called the police to kick me out because we had a fight and the officer said theres nothing they could do because i was 18... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 27, 2023

Your boyfriend's mother is correct: until you reach the age of 21, Puerto Rico Rule of Law considers you underage, subject to your parents' authority. You provide little information regarding the family dynamics in your home. Has your father intervened regarding your eviction? If you feel... View More

1 Answer | Asked in Family Law and Real Estate Law for Puerto Rico on
Q: If I'm selling my portion of land to family, why is the lawyer asking for marital status?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 19, 2023

Regardless of whom your selling your participation to, the Puerto Rico Notary Law requires a notary to identify the personal circumstances of each person who appear before him/her to subscribe a deed or sworn statement. Each person must demostrate that he/she is of legal age, and provide the... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: What legal action can I take if one of the heirs does not want to sign a real estate license to sell my mom’s house?

My mom is wanting to sell her house in Puerto Rico and the heirs are myself my sister and my niece (which has taken my late sisters position as heir). She is the only one that has not signed the contract, doesn’t respond to the realtor or the families emails, texts or phone calls. The house is... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 19, 2023

The Puerto Rico Civil Code states that no commoner is forced to remain in a property community. If your niece does not want to sell, you can take her to court in an estate liquidation lawsuit. Your mom and the other heirs would be the plaintiffs. Your niece would be the defendant. If she does not... View More

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: How do I get guardianship of a minor in Puerto Rico, my sister wants me to keep her son for a year or more.

I live in the states

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 10, 2023

For a short term guardianship, a sworn testimony from your sister and your nephew's father would be sufficient, stating the date on which the minor would leave Puerto Rico, the date on which your nephew would return to his mom, the address where your nephew would physically reside in your... View More

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: Uncle signed a paper in the US, gifting his portion of inheritance from mother’s house in Puerto Rico to sister. Legal?

Grandmother died in 2013 without a will and she had seven children/heirs. The house remains in my grandmother’s name to this day, and my aunt moved in and took control of the house without the consensus of all the heirs.

My aunt made a document for my uncle to sign in the U.S. in... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 10, 2023

There are three ways in which an heir can transfer his/her hereditary rights to another: by ceding said rights to another, by donating the rights or by repudiating his/her inheritance. The first two must be done by subscribing a deed (escritura) before a notary, with both the donator and the... View More

1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Q: How long after my 18 year old daughter starts working, can I stop child support?

She will be finished with her technical college of cosmetology by mid April. Once she starts working, I need to know when and how I go about stopping child support. ASUME has been no help at all. Thank you!

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 7, 2023

The Rule of Law in Puerto Rico states that a person comes of age at 21 years old. Until then, your daughter has a right to child support.

Nevertheless, a person of 18 years or more, can be emancipated if she can support herself, has independent economic means and (1) both parents as well as...
View More

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: Grandmother died in 2016, no will, aunt moved into house and wants to pay below market value to pay off siblings.

After grandmother died without a will, aunt entered house, removed uncle’s belongings & changed the locks.

Two offers from aunt:

Option 1 pay each sibling $5,000 for their share. $5,000 each for 7 heirs is $35,000 total valuation for house.

Option 2 threatened to go... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 5, 2023

From the scenario that you paint, Option 2 (going through the Puerto Rico courts) seems the better alternative. It will force an appraisal of the real estate, to determine each heir's share in the estate. Any expenses incurred in maintaining the property or even increasing its value will be... View More

1 Answer | Asked in Probate and Estate Planning for Puerto Rico on
Q: Aunt died and bequeathed money to siblings who died before her. Do their children inherit their parents portion?

We were told by executor that the siblings portion, since they have passed away, is cancelled. I

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 3, 2023

I'm assuming that your aunt left a Will upon her demise. The date of your aunt's death will determine the answer to your question. If your aunt died before November 28, 2020, her estate is subject to the Puerto Rico Civil Code of 1930. After November 28, 2020, her estate is subject to the... View More

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