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Puerto Rico Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for Puerto Rico on
Q: What documents and/or actions are needed to register a property in the CRIM in Puerto Rico?

I need to obtain a negative debt certification and value assessment from CRIM. However, two of the properties are recorded in the property registry but not with CRIM. Must both properties be on file with CRIM to secure this certification? If so, what steps should I follow to register them with CRIM?

0 Answers | Asked in Real Estate Law and Elder Law for Puerto Rico on
Q: My dad remarried owning the house and his wife also own a house prior to marriage. Do they have rights to spouse house

4 years ago my dad's wife kids trick their mom to sign over to them with her consent. She thought she was signing a rental agmt for which she gets $360 a mths for rent. They sold her property without my dad's consent, is that legal.

0 Answers | Asked in Family Law and Real Estate Law for Puerto Rico on
Q: Inheritance case delayed by a part who, now, want to sell the house in question. The other part wants to buy it.

The case was delayed by the first part for years; therefore, the original appraisal expired. Now that part is willing to sell the house which is part of the inheritance. The second part wants to buy the house. Questions:

- the new appraisal should be paid in full by the part that delayed... View More

0 Answers | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Puerto Rico on
Q: Is it legal to erect a fence then fill the area with dirt to match the surronding area in puerto rico?

And do you need a permit to raise your land with dirt?

1 Answer | Asked in Civil Rights, Estate Planning, Family Law and Real Estate Law for Puerto Rico on
Q: How does PR verify or confirm if there are additional heirs entitled to inheritance? is the heir process a civil process

I was raised by my grandparents and potentially found out through ancestry.com that my grandma may have had children from a previous marriage. If she did, they were not born or raised in PR, but neither was I. Do I need to disclose potential/alleged children if I don't have legal confirmation... View More

James L. Arrasmith
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answered on Feb 24, 2024

In Puerto Rico, the process of verifying heirs and confirming entitlement to inheritance typically involves a civil procedure overseen by the courts. If you suspect that there may be additional heirs entitled to inheritance, it's important to disclose any information or evidence you have, even... View More

0 Answers | Asked in Elder Law, Real Estate Law and Probate for Puerto Rico on
Q: How can we transfer mothers home and vehicle to my name in puerto rico from new york?

My mother is in NY sick, about to enter hospice care she is alert and oriented. She has a home and vehicle she owns outright in puerto rico she would like to transfer home and vehicle to my name. Please some advice on the best way to do this?

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: How can I find land abandoned by my grandmother ?

My great grandfather was a famous architect who gave 13 acres to my grandfather who placed this land into my grandmothers name in which she abandoned after a family tragedy struck where her son (my uncle) murdered her husband my grandfather, she then moved to hoconuco alto and remained there until... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Feb 8, 2024

You should start with the names of your great grandfather, the architect, your grandfather, and your grandmother, in two fronts: through the CRIM's digital cadaster, searching by their names. If you find the cadaster #, then proceed to the Property Registry. An agent ("gestor", in... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My living foster mom in PR wants to leave her house to me, she does have one living son but he has no interest in it.

What are the steps to take? Thank you

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Feb 2, 2024

Your step-mom can donate the house to you by way of a deed. However, although you express that her one living son has no interest, in the event of your step-mom's passing, the value of all donations made during the final 10 years of her life will be brought back to her estate, and you may find... View More

0 Answers | Asked in Real Estate Law for Puerto Rico on
Q: My mom and dad never divorced but my dad passed away 25+ yrs ago he had land in Puerto Rico

Does the land belong to my mom? And if so how can I get help if my older brother is claiming it as his?

0 Answers | Asked in Family Law and Real Estate Law for Puerto Rico on
Q: What information is needed to file a segregation of property and 'Cambio de Dueño" when there are more than one owners?

I have made several attempts to request a 'Cambio de Dueño' and to have my property registered and segregated from the principal property inheritid by my siblings and myself. My father passed away without leaving a will; but he had filed separate deeds to each of us prior to his passing.... View More

1 Answer | Asked in Contracts, Real Estate Law, Elder Law and Landlord - Tenant for Puerto Rico on
Q: Posibilidad de rescindir contrato de arrendamiento con promesa de venta, medie justa causa o no, en Puerto Rico.

Mi mamá hizo un contrato de arrendamiento con promesa de venta a una inquilina, pero mi mamá fue desalojada de un hogar que alquilaba. Por esto, necesita recobrar su propiedad para vivirla. Ella consiguió una casa de emergencia, bajo contrato 'house sitter', pero por 5 meses, y la... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 25, 2024

La cláusula de reembolso por mejora surge del Artículo 298 del Código Civil de Puerto Rico de 1930, ahora Artículo 763 del Código Civil de Puerto Rico de 2020. Por lo que usted indicó en su texto anterior, su mamá jamás autorizó la mejora permanente. Esto no es lo mismo a que ella... View More

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: My mom owns a home in puerto rico damaged by Hurricane Maria. She wants to transfer deed to me. How and where do I start

I was recently at the house to clean. Lots of damage from the water throughout the inside of the house. She wants to put the house in my name...she still has a small balance on thd house to the bank

Ramon  Olivencia
Ramon Olivencia
answered on Jan 15, 2024

If your mother wants to transfer her house to you, she must sign a "donation" deed via an attorney, which both parties must sign. If one or the two of you cannot be present for the signing, then a Power of Attorney could be prepared. As part of the requirements for a donation, the... View More

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1 Answer | Asked in Estate Planning, Real Estate Law, Land Use & Zoning and Probate for Puerto Rico on
Q: Father past. Mother alive. There's five siblings. Property in an incorporation. After Mother passes who keeps property?

My parents have a property in Puerto Rico. There's five siblings. Father past away Mother is still alive, who's it belong to? The property is also in an incorporation. One sibling is president in the corporation, my Mother is vise-president and I'm secretary. Should this sibling pass... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 8, 2024

The property will still belong to the corporation. As a rule, when a stockholder dies, his/her shares pass on to his/her heirs, unless an existing stockholders' agreement signed by them state otherwise.

1 Answer | Asked in Family Law, Estate Planning and Real Estate Law for Puerto Rico on
Q: Our parents are deceased and they left us a house. There was 8 of us but one of our brothers passed.

We are all on agreement to sell the house except my deceased bothers’s kids. They never lived in PR, they live in the states. Can we sell the house without their consent? We are definitely giving them my brother’s portion of the sale.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 4, 2024

You cannot sell an hereditary estate when one or more heirs are against the sale. It has to be a unanimous consent; or else, you'll need to go before the Puerto Rico Courts. This would be the legitimate way to anull your nephews' and/or nieces' lack of consent. Living in the states,... View More

1 Answer | Asked in Real Estate Law and Contracts for Puerto Rico on
Q: A Florida company bought the property management company managing my property located in PR. Where can I file suit?

Property is in Puerto Rico, transactions occurred online and they kept the money paid to them by my guests. Not all but some.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Dec 18, 2023

Your question does not state your cause of action for suing. Given that the company is in Florida, I'm assuming that they have no presence in Puerto Rico. In that scenario, diversity of (state) citizenship stipulates that you'd need to file the lawsuit in the Federal Court for the... View More

1 Answer | Asked in Real Estate Law and Tax Law for Puerto Rico on
Q: For a property in PR, which amount is subject to taxation for a resident of the US who inherited it when sold?

Ex. - Juan's mother dies in 2020. Juan inherits this property at this time. He is going to sell it in 2023 for 200K. Is 200K the taxable amount, or is the taxable amount a percentage of the appreciating value between 2020-2023? (Step up basis)

James L. Arrasmith
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answered on Dec 25, 2023

When Juan inherited the property in Puerto Rico in 2020, the basis of the property for tax purposes would typically be the fair market value at the time of inheritance. This is known as a "step-up" in basis. When he sells the property in 2023 for $200K, the taxable amount would generally... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My grandparents passed away over 20 ago and in their will they stated that the home would belong to one of my uncles

And the property would be split among all the siblings. The only surviving child is my father. Would like to know who is now the rightful owner of the house and property. The property is currently vacant and looking to sell it. This property is in Puerto Rico

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 2, 2023

You need to verify the real estate property's status in the Puerto Rico Property Registry: were your grandparents' wills filed to transfer ownership to their children (your father, aunts, and uncles)? Assuming that the transfer was completed, an adjudication deed would've need to be... View More

1 Answer | Asked in Tax Law and Real Estate Law for Puerto Rico on
Q: My dad wants to donated his house to me and my 2 sibling are in agreement. Do I have to pay any kind of taxes?

The house is located in Puerto Rico.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 24, 2023

Any real estate property located in Puerto Rico that does not constitute your primary residence is subject to property taxes. If the property currently belongs to your father and is his primary residence, he may have requested a tax exemption from the Municipal Income Collections Center... View More

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: I'm selling a house in Puerto Rico but I'm in NY. The house is inherited by my mother and 6 children of adult age.

Not all can attend so we are using power of attorney. Why would the lawer ask for copies of our driver's licenses. when the notarized documents and the authentication at The Country Clerk's office is done in NY.

T. Augustus Claus
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answered on Aug 22, 2023

When selling a house in Puerto Rico and utilizing power of attorney, the lawyer's request for copies of the grantors' driver's licenses is likely for the purpose of verifying the identities of the individuals granting power of attorney. This practice helps ensure the legitimacy of... View More

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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: 2 siblings inherit a home in PR. One of the siblings past away. Said sibling who past away was married although had been

Separated for years! Perhaps now she’s a forced inherited? She’s an alcoholic, mentally unstable and unable to understand. How can the other living sibling take her out of the forced inheritance to be able to sell the house?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 29, 2023

If the deceased sibling died after November 28, 2020, his spouse inherits along with any descendants he may have left. Now, if the deceased sibling died before November 28, 2020, his spouse would still inherit an annuity equal to a simple share of a third of his estate, equal to what any other heir... View More

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