Bridgewater, NJ asked in Real Estate Law for Puerto Rico

Q: Mom and dad are on the deed of a house my dad passed away and my mom wants to sell, what portion of the sale is hers?

The house is paid off and there are a total of nine children.

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1 Lawyer Answer

Ramon Olivencia, Esq.

  • San Juan, PR
  • Licensed in Puerto Rico

A: If they were married without a pre-nuptial agreement, then her stake would normally be 50% plus what is called in Puerto Rico the "cuota viudal usufructuaria" ("surviving spouse's usufructuary portion"), which is a percentage calculated by a special formula according to several factors, including her age, life expectancy and number of children.

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