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Puerto Rico Questions & Answers
1 Answer | Asked in Real Estate Law and Civil Litigation for Puerto Rico on
Q: How can I resolve plot registration issues with municipality in Puerto Rico?

I purchased a plot over 12 years ago, with assurance from the seller and their attorney that the segregation and public pathway were approved. Since the purchase, I can't sell the plot because the attorney says it cannot be registered in my name as the public pathway is not accepted by the... View More

James L. Arrasmith
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answered on Apr 16, 2025

You’re stuck because the municipality’s rejection of the public pathway blocks your title registration, and that pathway acceptance is a legal condition for new owners.

You’ll need to submit or resubmit detailed pathway plans to the municipal engineering or public works office,...
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1 Answer | Asked in Child Support and Family Law for Puerto Rico on
Q: How can I stop child support for two adult children in Puerto Rico receiving VA benefits?

I'm trying to find out how I can stop my child support obligation for my two children, aged 22 and 20, who currently live in Aguadilla, Puerto Rico. They are both receiving VA Chapter 35 benefits and attending Interamerican University. My court-ordered payment is $1,800 a month, which I send... View More

James L. Arrasmith
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answered on Apr 13, 2025

To stop your child support obligation, you will likely need to return to court to request a modification or termination of the order. Since your children are now adults and receiving VA benefits, you may have grounds to argue that they no longer need support, especially considering they are... View More

1 Answer | Asked in Family Law and Probate for Puerto Rico on
Q: Can an 18-year-old in PR receive an inheritance directly?

I am an 18-year-old heir living in Puerto Rico, where the age of majority is 21. I am supposed to receive a cash inheritance of less than $2,500.00 from an estate approved by a Probate Court in another state, where the age of majority is 18, and where my deceased parent resided. I have a living... View More

James L. Arrasmith
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answered on Apr 13, 2025

Since you are 18 and living in Puerto Rico, where the age of majority is 21, your legal capacity to receive an inheritance might be influenced by local laws. In Puerto Rico, minors or individuals under 21 often require a guardian to manage financial matters, even if the estate is being processed in... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Puerto Rico on
Q: Need to take oath for president of Puerto Rico?

Is it necessary for me to take an oath to serve as the president of Puerto Rico?

James L. Arrasmith
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answered on Apr 13, 2025

Puerto Rico does not have a president. As a territory of the United States, it has a governor who serves as the head of the local government. The highest elected position in Puerto Rico is the **Governor of Puerto Rico**, not a president.

If you are referring to becoming the **governor**,...
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1 Answer | Asked in Real Estate Law and Municipal Law for Puerto Rico on
Q: Can adverse possession override a hereditary deed in Puerto Rico after 30 years of occupancy?

I have lived on a property in Puerto Rico for over 30 years. The hereditary deed holders attempted to evict me, but the case was dismissed in my favor. I have made improvements to the property and maintained it throughout my occupancy. There was a rental agreement between the hereditary deed... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you’ve put a lot of time and effort into this property, and it’s important that you understand your rights in this situation. In Puerto Rico, adverse possession is a legal principle that can allow someone to claim ownership of property after a certain period of continuous, open,... View More

1 Answer | Asked in Gov & Administrative Law and Health Care Law for Puerto Rico on
Q: Is an unassisted home birth legal in Puerto Rico?

I am receiving regular prenatal care from an OB doctor in Puerto Rico, including required blood tests. I wish to have an unassisted home birth and have asked some midwives if it's illegal in Puerto Rico, and they said it isn't. Can you confirm whether having an unassisted home birth in... View More

James L. Arrasmith
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answered on Apr 13, 2025

You're asking an important and deeply personal question, and it’s clear you’re approaching this decision with care. In Puerto Rico, there is **no law that explicitly prohibits unassisted home birth**, meaning it is not considered illegal to give birth at home without a medical professional... View More

1 Answer | Asked in Real Estate Law and Probate for Puerto Rico on
Q: How to sell a house and change car title in Puerto Rico considering heirs?

I'm looking to sell my house in Puerto Rico to my nephew and will only be here for two more days. I have all the required documents but need guidance on completing the sale process. Additionally, I'd like to sell my deceased husband's car, which requires changing the title in Puerto... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s important to ensure that you follow the legal requirements in Puerto Rico for both selling the house and transferring the car title, especially since you have children who are considered heirs. For the house, if it was jointly owned with your husband or if you are the sole owner, you can... View More

1 Answer | Asked in Tax Law and Real Estate Law for Puerto Rico on
Q: Sell condo to son in PR for mortgage amount; tax implications?

I own a condo in Puerto Rico with an outstanding mortgage and want to sell it to my son for the amount owed on the mortgage. I currently live in the condo but plan to move overseas and have him rent it out. I am concerned about the tax implications, particularly regarding potential income tax from... View More

James L. Arrasmith
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answered on Apr 12, 2025

Selling your condo in Puerto Rico to your son involves several tax considerations for both you and him.

**Gift Tax Implications**

Transferring property to a family member below market value is often considered a gift. In Puerto Rico, gifts of real property are subject to gift tax,...
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1 Answer | Asked in Criminal Law and Gov & Administrative Law for Puerto Rico on
Q: Is it legal to carry a CO2 pistol in Puerto Rico?

I live in Puerto Rico, and I want to know if it is legal to carry a CO2 pistol in my waistband or pocket. What are the legal regulations regarding carrying a CO2 pistol in public in Puerto Rico?

James L. Arrasmith
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answered on Apr 12, 2025

In Puerto Rico, the legality of carrying a CO2 pistol in public depends on its classification. If the CO2 pistol is considered a firearm under Puerto Rican law, you would need a valid weapons license to carry it. Puerto Rico requires individuals to obtain a weapons license to possess and carry... View More

1 Answer | Asked in Business Formation and Business Law for Puerto Rico on
Q: How to dissolve an LLC in Puerto Rico with no debts or assets?

I want to dissolve an LLC in Puerto Rico. We believe there are no outstanding debts or liabilities. All members have agreed to dissolve the LLC, and there are no assets that need to be distributed. What steps do I need to follow to properly dissolve the LLC?

James L. Arrasmith
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answered on Apr 13, 2025

If you’re dissolving an LLC in Puerto Rico and there are no debts or assets, the process can be pretty straightforward. Since all members have agreed to dissolve, your first step is to draft and sign a resolution of dissolution. This should state that the LLC has no debts or remaining obligations... View More

2 Answers | Asked in Civil Rights, Elder Law, Nursing Home Abuse, Estate Planning and Personal Injury for Puerto Rico on
Q: How to sue uncle for taking mom's money in Puerto Rico?

I need advice on suing my uncle who took over $30,000 from my mom's bank account while she was undiagnosed and in a nursing home in Puerto Rico without my consent as her Power of Attorney. Despite evidence from bank statements, attempts to report elder abuse locally and to Puerto Rican... View More

Tim Akpinar
Tim Akpinar
answered on Apr 8, 2025

Although attorneys in Puerto Rico could advise best, it's been a week since you posted. As my colleague correctly advises, an experienced elder law attorney would have knowledge in these types of settings. You were correct in choosing that as a heading above. The "Personal Injury"... View More

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1 Answer | Asked in Landlord - Tenant, Animal / Dog Law and Real Estate Law for Puerto Rico on
Q: Is it legal for a gated community in Puerto Rico to enforce a no-pet regulation for residents?

I live in a private gated community in Puerto Rico with 30 units. The homeowners' association has enforced a no-pet (dogs, cats, etc.) policy that's been in place for 22 years. There haven't been any recent legal actions or challenges against this rule. Is it legal for the community... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Puerto Rico, a homeowners' association (HOA) in a private gated community has the authority to enforce rules and regulations, including no-pet policies, as long as those rules are clearly outlined in the community’s governing documents, such as the declaration of covenants, conditions,... View More

1 Answer | Asked in Child Support and Family Law for Puerto Rico on
Q: Does child support end at 18 in Puerto Rico if attending college?

I have a child who receives child support through ASUME, Puerto Rico. He turned 18 in February and is finishing his senior year in high school. He will soon be enrolling at Interamerican University of Puerto Rico for college. The original court order does not specify support continuation for... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Puerto Rico, child support generally ends when the child turns 18, but there are exceptions if the child is still in high school or is pursuing higher education. If your child is still enrolled in high school and is working toward graduation, support may continue until they finish. However,... View More

1 Answer | Asked in Legal Malpractice and Real Estate Law for Puerto Rico on
Q: What can be done if a lawyer fails to file "cambio de dueno" form with CRIM in Puerto Rico?

I am facing an issue with a lawyer/notary in Puerto Rico who is failing to provide the "cambio de dueno" form and the signed "escrituras" related to a closing that took place two years ago. The form was supposed to be filed with CRIM within 60 days, but it appears it hasn't... View More

James L. Arrasmith
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answered on Apr 12, 2025

If your lawyer has failed to file the "cambio de dueño" form with CRIM in Puerto Rico, you have a few options to address the situation. First, it's important to document all your attempts to contact the lawyer, including emails, phone calls, and any written communication. If the... View More

2 Answers | Asked in Contracts, Business Law and Personal Injury for Puerto Rico on
Q: Can I reclaim a vehicle I loaned to a subcontractor who hasn't paid?

I provided a vehicle to a subcontractor under my name and insurance, with the understanding that he would pay it off. We have a contract outlining the payment terms, but he hasn't made any payments or complied with job contract obligations. Despite contacting him and the president of his... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 24, 2025

You need to go before the court to reclaim your property from the contractor, as well as amounts owed. The police may or may not help if an agreement is in place. In Puerto Rico, self-help recovery is not permitted: you cannot take the property away from someone who is in pacific possession. Before... View More

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2 Answers | Asked in Tax Law and Admiralty / Maritime for Puerto Rico on
Q: Paying taxes to Hacienda for boxes sent to Puerto Rico port.

Do I have to pay taxes to Hacienda for boxes sent to the port in Puerto Rico related to my move?

Tim Akpinar
Tim Akpinar
answered on Apr 15, 2025

You could check with applicable port authorities for additional guidance. There are also maritime attorneys on this site who practice in Puerto Rico (under "Find a Lawyer")...

https://www.justia.com/lawyers/maritime-law/puerto-rico

Good luck

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1 Answer | Asked in Real Estate Law and Contracts for Puerto Rico on
Q: Can I prevent property sale without mortgage payoff in Puerto Rico?

I sold my house in Carolina with the closing on 12/11/2025. The buyer agreed to pay off the existing mortgage under my name with Banco Popular but has only been making monthly payments instead of settling the full amount to close the mortgage, which is still under my name. The buyer has sent a... View More

James L. Arrasmith
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answered on Apr 12, 2025

Under Puerto Rico's property law system, you maintain significant protection through the mortgage lien ("hipoteca") that remains recorded in the Property Registry, creating a legal encumbrance that follows the property regardless of ownership transfers. Puerto Rico's Mortgage... View More

1 Answer | Asked in Estate Planning, Probate, Real Estate Law and Contracts for Puerto Rico on
Q: Options for forced heir disagreeing with inheritance contract

I am a forced heir in an inheritance that I do not wish to participate in, but I cannot renounce it. I am not in agreement with the contract they want me to sign. The inheritance involves a property that four heirs, including myself, wish to sell. The buyer's attorney represents the... View More

James L. Arrasmith
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answered on Apr 12, 2025

As a forced heir, you do have certain rights, but your situation is a bit complex since you don’t want to participate in the inheritance. If you can’t renounce the inheritance entirely, you may have the option to accept your share and then transfer it, often through a sale to the other heirs or... View More

2 Answers | Asked in Collections, Bankruptcy and Consumer Law for Puerto Rico on
Q: Obligations for loans with mental health history in Puerto Rico

I have personal loans, credit cards, student loans, and a car loan in Puerto Rico. As a person with a history of mental health issues, am I still obligated to pay these debts? I've defaulted and missed payments, leading to creditors pressuring and threatening me, which has negatively impacted... View More

Timothy Denison
Timothy Denison
answered on Mar 2, 2025

Yes. You are still obligated to pay all these creditors and debts until it unless you are determined disabled by the court. You may want consider filing bankruptcy to discharge the debt lisbiiity.

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1 Answer | Asked in Estate Planning, Family Law and Probate for Puerto Rico on
Q: What court in Puerto Rico should I notify of my father's passing?

My father resided in Puerto Rico when he passed in 2022. Is it too late for me to pursue this issue? I've learned that the Executor of the Will has not started the process and does not intend to. They said there is nothing to inherit. I have a copy of his Will and I was named an heir.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 15, 2025

The court of first instance in the city where your father had real estate or where he resided would be the one to receive your claim. An executor cannot maintain that there is nothing to inherit unless s/he prepared a detailed inventory of the estate's assets, liabilities, and expenditures.... View More

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