East Islip, NY asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Puerto Rico

Q: my father has built a house for me to eventually inherit in PR. problem is my mother says her name is in the paperwork

for the land (not house itself) she did not put any monies into purchasing the land or construction. I have never seen any paperwork and want to find out how I can get all the information regarding the house. Does she have any rights over me for the house?. She does not allow me to do any repairs or construction on house because she says its hers.

2 Lawyer Answers
Nelson Jose Francisco Alvarez-Aponte
  • Landlord Tenant Lawyer
  • Carolina, PR
  • Licensed in Puerto Rico

A: Hello and thank you for using Justia. Happy New Year. If your parents we're legally married at the time of purchase of the land and constructión of the house without any prenupcial agreement, then most likely yes your Mother is half owner of the house and property. You Will need to verify the marital status at the time. Unless your Father gained ownership of said property by inheritance, use of personal funds or was single at the time then the property would be a marital property. You can verify this by doing a property title search.

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

Jose M. Rivera Santos, Esq.
Jose M. Rivera Santos, Esq.
Answered
  • Landlord Tenant Lawyer
  • Ponce, PR
  • Licensed in Puerto Rico

A: Greetings:

The answer to your question depends on a variety of factors that will affect the outcome on whether your mother has or doesn't have a proprietary interest on that land.

First of all, you have to verify whether they were legally married or not.

If they were legally married, you have to verify if they had a prenuptial agreement. If they didn't the property belongs to the both of them in equal parts.

You also have to verify if your dad acquired the property through an inheritance or bought it before getting married to your mom.

You can verify the status and other details about the property in the registry of property by doing a property tittle search.

Those factors will determine whether she has rights on the property or not.

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

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.