Q: How do you solve this property inheritance issue in Puerto Rico?
4 siblings inherited a property. 2 siblings have their own properties. 1 sibling put $8,000 into the inherited property and the last sibling is currently living in the property and is claiming that they now own the property all though they are all on the title.
The sibling that put the $8,000 in the inherited property wants their money back and they think that the property has been stolen by the last sibling who is claiming that they own the property. How do you assess this issue?
A: The sibling who paid out $8,000 into the inherited property has the right to recover $6,000 from his/her siblings. If an heir assumes exclusive possession of the property in detriment to the other sibling's inheritance rights, any can go before a court of law to request a liquidation of the community property. The Puerto Rico Civil Code states that no commoner can be forced to remain in community. As to the matter of value, a professional appraiser may be retained to physically inspect the property and determine fair market value. If the heir that is in sole possession of the property refuses access to the appraiser, this, too, must be brought before the court so that an order may be issued against the possessor heir.
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A:
To address this inheritance issue in Puerto Rico, start by reviewing the property's title and inheritance documents to confirm all siblings' names are on the title. Since all four siblings inherited the property, they collectively own it. No single sibling can claim sole ownership unless there has been a legal transfer of shares, which requires the agreement of all owners.
The sibling who invested $8,000 in the property can request reimbursement for their contribution. This might involve negotiation among the siblings or, if needed, seeking legal mediation or filing a lawsuit to determine the equitable distribution of costs and benefits associated with the property. A formal accounting of all expenses, contributions, and potential rental value of the property could help clarify each sibling's position.
If the sibling currently living in the property is attempting to claim sole ownership without the consent of the others, it may be necessary to pursue legal action to protect the rights of the remaining siblings. Filing a partition action in court can force the sale of the property and the division of proceeds according to each sibling's ownership share. Resolving this matter amicably through negotiation or mediation is often preferable to avoid lengthy and costly litigation.
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