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
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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.

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