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Puerto Rico Questions & Answers
0 Answers | Asked in Child Support for Puerto Rico on
Q: I lost custody of my son in PR after my husband joined the army and we had to leave PR.How is child support calculated?

I have no income, but have about $20,000 from a settlement from when i got fired for being pregnant. The spiteful father who has always been angry that i left him, won custody solely because my sons life is in PR. He keeps demanding more and more money and when i said no he filed for child support.... Read more »

0 Answers | Asked in Landlord - Tenant for Puerto Rico on
Q: Am I able to break a lease as tenant in PR? The apartment is under my roommates mom and I signed as a tenant.

I moved to PR with a roommate for school but a week into moving in I found out I was accepted into a school closer to home. I have since moved back home and I want to break my lease am I able to do this? Or do I need to keep paying half for an apartment I’m not living in until I find someone to... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: As the current owner of land in Puerto Rico, am I permitted to lease the land to an individual or entity..See more info

As the current owner of land in Puerto Rico, am I permitted to lease the land to an individual or entity for the purpose of constructing a dwelling on the property?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 30, 2023

So long as you are the current sole owner of the land, you can lease said real estate to an individual or entity. Nevertheless, a lease contract is temporary by nature. Allowing a third party to erect a permanent structure on your land, of which you're not the owner, exposes you to legal... Read more »

0 Answers | Asked in Health Care Law and Public Benefits for Puerto Rico on
Q: Porque no se puede tomar video en PR para huso de prueba o personal. Estoy en un hospital en ER y te faltan el respeto.

O que te digan "si no te gusta el servicio te puedes ir" Y ellos están grabando si el consentimiento mío. Y yo no puedo. No entiendo.

0 Answers | Asked in Real Estate Law for Puerto Rico on
Q: Can my wife sell me a house that she partially inherited with her mom and siblings if all parties are in agreement?

As my spouse does she have to be on a loan, or deed or both? Is it considered martial property if I purchase the house alone?

1 Answer | Asked in Family Law for Puerto Rico on
Q: Hi! Im 19 and i am wondering if i can get legally kicked out of my home by only 1 parent out of the two in puerto rico

I have a horrible relationship with my parents but all my problems and fights are with my mom, they are both still married and live together with me at my house, my mom once called the police to kick me out because we had a fight and the officer said theres nothing they could do because i was 18... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 27, 2023

Your boyfriend's mother is correct: until you reach the age of 21, Puerto Rico Rule of Law considers you underage, subject to your parents' authority. You provide little information regarding the family dynamics in your home. Has your father intervened regarding your eviction? If you feel... Read more »

0 Answers | Asked in Child Custody and Child Support for Puerto Rico on
Q: My dad owes child support but I want to live with him, can he still fight for my custody?

I’m 18 living in Puerto Rico and my dad lives in the U.S. A couple years back he had an injury and had to stop working so the child support stopped and that formed a debt. My mom has decided to have an arrest warrant for my dad. So if he steps Puerto Rico he will be arrested. I want to use this... Read more »

0 Answers | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: How do I get full parental rights in Puerto Rico if absentee father of my child is hiding in Florida?

Its been 7 yrs since I was granted full custody and he did not fight nor request visitation. He has over 10k debt in child support. Im aware he is living in St Petersburg, FL but my lawyer says there’s nothing they can do without his address. Im stuck and desperate. What should I do?

0 Answers | Asked in Landlord - Tenant for Puerto Rico on
Q: Hello, as a tenant am I able to break a contract?

I signed a lease as a tenant while my roommates mom signed as the owner. A week upon moving in I got accepted into a school in the states. I want to break my contract, but my roommates mom is threatening legal action. What can I do?

0 Answers | Asked in Probate for Puerto Rico on
Q: My dad passed away in Puerto Rico in August 2022. My uncle called me and said that my dad had a open bank account.

My dad didn't have a will but my uncle said that he notified the bank that my dad had 2 kids and no wife and that he would like the money to be given to us both equally. I live in Florida.

Now I lost communication with my uncle and he didn't give me the name of the bank or account... Read more »

1 Answer | Asked in Probate for Puerto Rico on
Q: My dad passed away in Puerto Rico in August 2022. My uncle called me and said that my dad had a open bank account.

My dad didn't have a will but my uncle said that he notified the bank that my dad had 2 kids and no wife and that he would like the money to be given to us both equally. I live in Florida.

Now I lost communication with my uncle and he didn't give me the name of the bank or account... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 18, 2023

It appears that you need to contact an attorney in Puerto Rico. Your question has nothing to do with Florida law.

1 Answer | Asked in Family Law and Real Estate Law for Puerto Rico on
Q: If I'm selling my portion of land to family, why is the lawyer asking for marital status?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 19, 2023

Regardless of whom your selling your participation to, the Puerto Rico Notary Law requires a notary to identify the personal circumstances of each person who appear before him/her to subscribe a deed or sworn statement. Each person must demostrate that he/she is of legal age, and provide the... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: What legal action can I take if one of the heirs does not want to sign a real estate license to sell my mom’s house?

My mom is wanting to sell her house in Puerto Rico and the heirs are myself my sister and my niece (which has taken my late sisters position as heir). She is the only one that has not signed the contract, doesn’t respond to the realtor or the families emails, texts or phone calls. The house is... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 19, 2023

The Puerto Rico Civil Code states that no commoner is forced to remain in a property community. If your niece does not want to sell, you can take her to court in an estate liquidation lawsuit. Your mom and the other heirs would be the plaintiffs. Your niece would be the defendant. If she does not... Read more »

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: How do I get guardianship of a minor in Puerto Rico, my sister wants me to keep her son for a year or more.

I live in the states

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 10, 2023

For a short term guardianship, a sworn testimony from your sister and your nephew's father would be sufficient, stating the date on which the minor would leave Puerto Rico, the date on which your nephew would return to his mom, the address where your nephew would physically reside in your... Read more »

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: Uncle signed a paper in the US, gifting his portion of inheritance from mother’s house in Puerto Rico to sister. Legal?

Grandmother died in 2013 without a will and she had seven children/heirs. The house remains in my grandmother’s name to this day, and my aunt moved in and took control of the house without the consensus of all the heirs.

My aunt made a document for my uncle to sign in the U.S. in... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 10, 2023

There are three ways in which an heir can transfer his/her hereditary rights to another: by ceding said rights to another, by donating the rights or by repudiating his/her inheritance. The first two must be done by subscribing a deed (escritura) before a notary, with both the donator and the... Read more »

1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Q: How long after my 18 year old daughter starts working, can I stop child support?

She will be finished with her technical college of cosmetology by mid April. Once she starts working, I need to know when and how I go about stopping child support. ASUME has been no help at all. Thank you!

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 7, 2023

The Rule of Law in Puerto Rico states that a person comes of age at 21 years old. Until then, your daughter has a right to child support.

Nevertheless, a person of 18 years or more, can be emancipated if she can support herself, has independent economic means and (1) both parents as well as...
Read more »

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: Grandmother died in 2016, no will, aunt moved into house and wants to pay below market value to pay off siblings.

After grandmother died without a will, aunt entered house, removed uncle’s belongings & changed the locks.

Two offers from aunt:

Option 1 pay each sibling $5,000 for their share. $5,000 each for 7 heirs is $35,000 total valuation for house.

Option 2 threatened to go... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 5, 2023

From the scenario that you paint, Option 2 (going through the Puerto Rico courts) seems the better alternative. It will force an appraisal of the real estate, to determine each heir's share in the estate. Any expenses incurred in maintaining the property or even increasing its value will be... Read more »

0 Answers | Asked in Family Law for Puerto Rico on
Q: Do I have to go through a legal process to be emancipated?

Hi! I moved from the US to Puerto Rico last year and I am 20 years old. I separated from my parents at 18, so I didn’t need to go through a legal process to be emancipated. I don’t know if I have to go through a legal process here because, (I think) technically, I’m still menor de edad.

1 Answer | Asked in Probate and Estate Planning for Puerto Rico on
Q: Aunt died and bequeathed money to siblings who died before her. Do their children inherit their parents portion?

We were told by executor that the siblings portion, since they have passed away, is cancelled. I

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 3, 2023

I'm assuming that your aunt left a Will upon her demise. The date of your aunt's death will determine the answer to your question. If your aunt died before November 28, 2020, her estate is subject to the Puerto Rico Civil Code of 1930. After November 28, 2020, her estate is subject to the... Read more »

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