Q: Hi there, How can i acquire a title for my deceased mothers house in PR?

A: Under the Puerto Rico Civil Code, if the house was acquired while your parents were married with no prenup, the house actually belonged to the joint conjugal partnership ("sociedad legal de gananciales") formed by your father and mother, which is a legal entity separate from either parent. Thus, upon your mother's passing, the joint conjugal partnership and she may only transfer her 50% interest in her estate, which includes 50% interest in the house. This was the cause of your father having to sign at that time.

You stated that your mother passed away six months ago, which means that, under the Puerto Rico Civil Code has an equal right to participate in your mother's estate, same as you and your brother. Regardless of your mother's intent regarding the real estate property in Puerto Rico, if your mom died without a will (intestate) her entire estate (assets and debts) must be divided among you three. If your mom died having granted her will, your dad would have the right to participate in at least a third of (the legitimate) half of your mother's estate.

The house does not belong solely to your father, although he may have a majority interest in the property. However, the Puerto Rico Civil Code states that no one may be forced to remain in an hereditary property community. In light of your father's lack of interest, in order to force the matter, you'll need to go before the Puerto Rico courts. But first, there are steps to be taken.

(1) Did your mother die in Puerto Rico or in the states?

(2-a) Did your mother grant her last Will & Testament before her passing? If not,

(2-b) Was a declaration of heirs obtained from a competent court? If not, this step must be taken first.

(3) Once question(s) # 2 have been answered:

(a) an estate tax filing must be submitted to the Puerto Rico Treasury Department (to do this, a certification of account balances belonging to your mother must be obtained from Puerto Rico banks)

(b) with the waiver procured from the Treasury Department, the Public Registry must be updated to reflect that your father, your brother, and yourself are now the owners of your late mother's interest in the real estate property.

(c) Ownership transfer must also be procured at the Center for Municipal Income Collections (CRIM) to let them know that the real estate now belong to you three.

THEN, and no sooner, can you go before the courts to request partitioning and liquidating the estate. However, unless your father is willing to resign his stake in the house, your brother and you may need to buy him out.