Dobbs Ferry, NY asked in Contracts, Estate Planning and Family Law for Puerto Rico

Q: Can you remove someone from an inherited property that's been living there without paying rent.

The party living there is the son of 1 of the 5 inherited people. They also have a son who is autistic and lives there as well. Will that affect any decision made by a judge in a court of law

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

A: First off, in an estate where the heirs have been registered as the new owners of the real estate property, the other co-owners may require the heir (or son of the heir) to pay rent to the community. This, however, would be prospective, as of the date on which a formal letter is sent to the party dwelling the place.

Regarding the matter of an autistic or incapable person living on the property, is he a son or grandson of an heir. The court will certainly take it into account and may require a family defender ("procurador de la familia") to intervene in the autistic minor's defense, which may complicate any attempt at evicting the persons dwelling there.

One alternative scenario would be for the resident's parent (who is an heir) buy your participation out and retain the property for him- or herself. If no agreement is reached, you can always go to the courts for a liquidation of hereditary community estate.

Jose M. Rivera Santos agrees with this answer

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