Asked in Real Estate Law for Puerto Rico

Q: I live in Maryland, I have a house in PR I wish to donate to my Niece in PR. No lien, taxes paid. How do I do it?

The house is paid off. All taxes up to date to CRIM. Do I need to travel to PR to do the transfer?

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2 Lawyer Answers
Ramon  Olivencia
Ramon Olivencia
  • San Juan, PR
  • Licensed in Puerto Rico

A: A donation deed will need to be prepared by an attorney. You do not need to travel to PR as this can be done remotely via Powers of Attorneys for both you and your niece, in case she is not in PR. Basically, both parties or their respective representatives will need to sign the deed.

Rafael  Pagan-Colon
Rafael Pagan-Colon
  • San Juan, PR
  • Licensed in Puerto Rico

A: You may donate the real estate property by subscribing a deed. You may do so from the states, in which case, the original subscribed poll deed would need to be protocolized in Puerto Rico. Under this scenario, your niece would need to grant a donation acceptance poll deed.

In the alternative, you can travel to PR and both you and your niece may appear before the notary to subscribe the same deed on the same date.

Having subscribed the donation and its acceptance by you and your niece, a donation tax filing must be submitted to the Puerto Rico Treasury Department, who would issue a tax waiver before finally registering the donation with the public registry.

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