Dallas, TX asked in Contracts and Real Estate Law for Puerto Rico

Q: My wife and siblings are buying a house in Puerto Rico and I want to waive my rights. What do I need to do?

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

A: I need additional information to answer your question. Was the money to be used for the real estate purchase received by your wife as inheritance or donation? If so, you'd appear in the sales deed to the sole effect of declaring that you have no participation whatsoever in the funds used for the purchase nor in the ownership of the real estate acquired.

Second, do you and your wife have a prenup in place, separating your individual assets? If so, and the money to be used for the real estate purchase belongs solely to your wife, you'd appear in the sales deed to the only effect of declaring that you have no participation whatsoever in the funds used for the purchase nor in the ownership of the real estate acquired. If no pre-nup exists, your default marital economic regimen (in Puerto Rico) would be that of a Joint Conyugal Partnership ("sociedad legal de gananciales"), whereby anything and everything which either of you purchases with income resulting from work belongs to the partnership made up by you both.

Third, you can subscribe a capitulations deed in Puerto Rico (similar to a pre-nup, but you can do so while married) but would need to liquidate your conyugal estate between the two of you.

As another alternative, your wife and her siblings can create a limited liability company (LLC) in Puerto Rico, where they would be the sole members of the LLC, then have them appear in representation of the LLC to subscribe the sales deed. Nevertheless, even then, your Joint Conyugal Partnership ("sociedad legal de gananciales") would have a credit for half of the value of your wife's participation in the LLC. Otherwise, the rule of law for Joint Conyugal Partnerships ("sociedades legal de gananciales") does not grant you the right to waive your rights as you describe.

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