Reading, PA asked in Real Estate Law for Puerto Rico

Q: My father never married but her children say they are entitled to money from sell of his land is at correct he lives pr

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

A: If your father never married, any property he purchased belongs solely and exclusively to him. In Puerto Rico, the common law wife has no rights as to property acquired by your father. Regardless of whether his companion lives or dies, any proceeds from the sale of his property belong exclusively to him and neither his common law wife much less, her children, have any rights or any say in the matter while your father lives.

Having answered your question, if and when your father dies, pursuant to Puerto Rico Rule of Law, his estate will be distributed among his legal heirs, which include any children he may have had with his common law wife. This scenario changes, should your father decide to marry his common law wife without a prenup. His now legal wife would inherit as one more of his heirs. The distribution proportions may differ if your father leaves a will, as opposed to dying intestate.

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