New York, NY asked in Real Estate Law for Puerto Rico

Q: Me and my siblings (3) inherited a home in Cabo Rojo but My siblings want to sell it so that 1 of the 3 buys it, I don’t

Do I have to sell my portion of the house. Also the lot is pretty big, is that separate from the house?

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

A: The Puerto Rico Civil Code and relevant jurisprudence clearly states that no commoner (co-owner) may be forced to remain in a property community, which is what you and your 3 siblings have. If you do not want to sell your share but have the resources to buy out your siblings, you may do so.

The land on which the house is located is presumed as part of the entire property, unless all 4 decide to subscribe a segregation deed to break up the land in individual plots. To segregate, you need to retain the services of a licensed engineer to produce the measurement plan ("plano de mensura") and measurement certification ("certificación de mensura") and procure the required government permits. Along with the segregation, you can each adjudicate to yourselves a corresponding piece of the entire real estate property; and thus, each may do as he/she wishes with his/her real estate lot.

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