Homestead, FL asked in Divorce for Puerto Rico

Q: Hello, If me and my wife have been separated over 15 years but not legally divorced does she get 50% of my assets?

I have been separated from my wife for over 15 years, I live in PR she lives in Miami, I bought a house in PR and a car about 5 or 6 years ago, we do have 2 kids together an 19 year old and a 17 year old, if we divorce through court legally in PR does she get to keep half of everything I own and if this was the case the other way around would it still be the same? There has been no prenup or anything signed on either party. Please advise. Thanks

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1 Lawyer Answer
Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Ponce, PR
  • Licensed in Puerto Rico

A: Greetings:

The inexistence of a prenuptial agreement and other specifications about the assets are really important.

The kids are considered minors on Puerto Rico jurisdiction until they are 21 years of age. So there might be a need to pay child support and establish other regimes pertaining parental rights.

If there's is no prenuptial agreement there may have to be a division of property considering the shared assets and the private ones. It might be 50/50 on assets and liabilities. Maybe more depending on each of the parties participation and other details.

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