Q: My half brother and I are part owners of a house our father left us but I own majority of the house and I want to sell
If my half brother and I are part owners of a house our father left us but I own majority of the house, can I sell The whole house to my daughter for a very low price? Even if he does not want to sell his part. Can I force the court to agree on selling the house? No one has lived in the house for more than 14 years and my brother has never helped to pay the taxes on the house as well. Is there a way I can sell if he disagrees on giving up his part?
A:
Several matters need to be addressed through your question. First of all, what you and your brother have are an "pro indiviso" interest in the property, which means that you may only sell your share of the real estate property; but you cannot sell the entire house: not to your daughter; not to anyone.
However, the Puerto Rico Civil Code states that no one may be forced to remain in a property community. If your brother refuses to sell, you may go before the Puerto Rico courts to request selling the property. The courts can order your brother to appear for signing the sales deed; and if he doesn't, the courts can order a marshall to appear in your brother's stead. In such a case, his part of the proceeds of the sale would have to be consigned with the courts.
Finally, as to the matter of the sales price, when you mention selling "for a very low price" the Public Registry may determine that such a sale is, in effect, a simulated donation, and may force you to submit a donation tax filing with the Puerto Rico Treasury Department before inscribing the "sales" deed to transfer ownership with the Public Registry. It all depends on what the property value is in the Public Registry books. This is done in an effort to avoid illicitly minimizing the tariff taxes paid to the Registry as part of notifying the sale.
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.
