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Puerto Rico Family Law Questions & Answers
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 »

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 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 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 Family Law for Puerto Rico on
Q: How do I find out if my aunt left a will? She lived in Puerto Rico when she passed.

Didn't find any documents when I went to clean out her home.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Dec 29, 2022

The process entails submitting a copy of your late aunt's death certificate, then, preparing and submitting a request for testmentary certification to the Office of Notary Inspections ("ODIN", by its Spanish acronym). ODIN will certify whether or not your aunt left a will and... Read more »

1 Answer | Asked in Child Custody and Family Law for Puerto Rico on
Q: I want to leave my home but I'm 18 can I leave and just leave hay note sing by me and saying why I'm leaving?

I want to leave but what happens if she takes my note and takes it to hay judge

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Dec 20, 2022

Although in other states, an 18-year old is considered an adult, for the purposes of the Commonwealth of Puerto Rico, the Rule of Law says that a person is an adult at 21 years of age. However, an 18-year old may be emancipated (that is, legally brought to adulthood) either by the subscription of a... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Puerto Rico on
Q: How can I prevent my brother's girlfriend from having keys of a shared home in PR. He and I are inheriting the property

My brother and I are the heirs of our late parents home and other properties. We just started the process of the Declaration of herederos. He is becoming very agressive with me and his girlfriend is all over my things etc. Can I ask an officer to assist me to the home to remove things from the... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 10, 2022

As a matter of law, the answer to your question is relatively straightforward: the property belongs to your late parents until the declaration of heirs has been issued by the court, the estate tax filing has been presented to the Puerto Rico Treasury Department, and you and your brother's... Read more »

1 Answer | Asked in Family Law for Puerto Rico on
Q: i have a question about family law in puerto rico. My question is if i sign my rights over do i still pay child support?

I am also looking for a lawyer in puerto rico .

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 18, 2022

You need to be more specific regarding "signing over your rights". Are you ceding your "parens patriae" ("patria potestad", in Spanish) rights, which are your right to make decisions regarding the well-being of your child? Are you ceding your custody right, which is... Read more »

1 Answer | Asked in Family Law and Probate for Puerto Rico on
Q: Is my dad’s second wife entitled to half the house he owned in Rincon, PR?

My dad passed away and he owned a house in Rincon, PR. The house was bought between my dad and mom. My mom passed away about 20 years ago. A “Declaration of inheritance” was done at that time because my mother did not have a will. My dad remarried about 14 years ago and passed away this... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 14, 2022

A recent Puerto Rico Civil Code came into effect as of November 28, 2020 by Public Law no. 55 of June 1, 2020. In this version, the widow is entitled to an equal share of the deceased's estate, same as the deceased's children. Thus, the answer to your question is that your dad's... Read more »

1 Answer | Asked in Family Law and Health Care Law for Puerto Rico on
Q: What recourse toward hospital not living up to father's living will in PR? How do we take him off life support?

My father has been in residence at La Casa Del Veterano in Juana Diaz for many years along with my mom. Sept 24/25 he was taken to Hospital San Cristobal for problems with Covid, where they were told and then provided with a living will by my aunt. They said because it was created in the US, it... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 29, 2022

The Puerto Rico Notary Law, Public Law No. 75 of July 2, 1987, as amended, requires that legal documents authorized by notary publics in the U.S. be legalized by the government institution that authorizes the commission of notary publics in that state. Then, said document should be protocolized by... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Puerto Rico on
Q: Do I have to be physically present to sign/relinquish a deed? I am stateside and ex husband is residing in Puerto Rico

Deed is in both our names and I will relinquish it/ hand it over to him.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 26, 2022

I'm assuming that a real estate property is involved where both you and your ex husband owned jointly while married. If so, the liquidation of the marital community property must be done by way of a deed in which you both must appear signing, either by physical presence or by way of empowering... Read more »

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Puerto Rico on
Q: In Puerto Rico, is it considered kidnapping if a married spouse refuses to return to the island with their child?

Address Loiza, PR. I am married & when traveling back to Florida, I chose to leave my husband, he new of the trip to visit my adult son & he purchased our tickets. Due to years of emotional abuse & an irreconcilable relationship. I have our 9yr old daughter with me, she is homeschooled... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 23, 2022

Under normal circumstances, the illegal deprivation of custody is considered a misdemeanor (Article 121 of the Puerto Rico Penal Code); and occurs when a parent is denied the custody of a child. However, it is considered a felony with a fixed jail term of eight (8) years when the minor is... Read more »

1 Answer | Asked in Family Law and Probate for Puerto Rico on
Q: Do I need to retain a lawyer to go before a court to address the matter of affiliation? before confirming a declaration

of heirs? Or is it as simple as just walking in? Can you recommend a lawyer in Isabela?

Jose M. Rivera Santos
Jose M. Rivera Santos PRO label
answered on Sep 14, 2022

Greetings:

It depends on whether the matter turns adversarial, if there are discrepancies or concerns the court might recommend it.

1 Answer | Asked in Family Law for Puerto Rico on
Q: My father only recognized my apparent sister verbally. Would her participation even

be relevant during the declaration of heirs? Thank you for your reply. Greatly appreciate it.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 6, 2022

The Puerto Rico Civil Code stipulates that a parent may recognize a child by any means; and, should the parent die, his/her heirs may recognize the sibling.

I’m assuming that your late father expressed his recognition of your sister to you. If so, even in the existence of a Will, I would...
Read more »

1 Answer | Asked in Family Law and Estate Planning for Puerto Rico on
Q: i need my fathers will from arecibo puerto rico
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 15, 2022

In order to procure your father's will, you first need to procure or provide his death certificate. With the certificate, we request a certification of will from the Office of Notary Inspections. Said certification will identify whether your father was testate upon his death, the will's... Read more »

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Puerto Rico on
Q: how do I get a copy of my grandfather's will in puerto rico

he died and everyone said he left money for all his grand children, but my mother wont share a copy of the will. People are saying she stole my inheritence.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 25, 2022

I'm assuming that your grandfather died in Puerto Rico and that he granted his Last Will & Testament in Puerto Rico. As such, the first step would be to procure a copy of his death certificate from the Demographics Registry. With the certificate in hand, a request for certification would... Read more »

1 Answer | Asked in Contracts, Estate Planning and Family Law for Puerto Rico on
Q: Can you remove someone from an inherited property that's been living there without paying rent.

The party living there is the son of 1 of the 5 inherited people. They also have a son who is autistic and lives there as well. Will that affect any decision made by a judge in a court of law

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 20, 2022

First off, in an estate where the heirs have been registered as the new owners of the real estate property, the other co-owners may require the heir (or son of the heir) to pay rent to the community. This, however, would be prospective, as of the date on which a formal letter is sent to the party... Read more »

2 Answers | Asked in Family Law and Child Support for Puerto Rico on
Q: Which order to follow & school expenses?

My husband’s original child support order only mentioned he is to pay the basic support amount and that he was to cover 50% of gastos escolares. His most recent modified order includes the basic support plus a supplementary monthly education expense (believes it’s for tutoring) and he is to... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 18, 2022

The answer to both of your questions is "Yes". Your child's father is responsible for paying half of any and all expenses associated to your child's education, including books, materials, clothing, and extracurricular activities.

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1 Answer | Asked in Family Law for Puerto Rico on
Q: I live in Puerto Rico with my daughter. I received a Family Court Summons from Bronx, NY.

I live in Puerto Rico. I was summoned to the Family Court in Bronx, NY, for custody/visitation. My main concern is why this case is going to be examined in NY if my daughter and I lived in PR for almost a year (since March 2021), and before that, she was born and we live in NJ. As per my limited... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Feb 23, 2022

Although you're residing in Puerto Rico for a year does grant Puerto Rico courts jurisdiction over your child, you should not ignore the summons from a New York court. I recommend that you contact an attorney authorized the practice of law in New York and have him or her counsel you regarding... Read more »

1 Answer | Asked in Family Law and Civil Litigation for Puerto Rico on
Q: How can the sale of a house in Puerto Rico be accomplished when one of four inheritors refuses to sell the house.

The probation of the inheritance has been completed. The house was the only property in the inheritance. There were no assets, liabilities or money in the inheritance. Each inheritor receive a different percentage of the house as inheritance. One inheritor received a majority percentage of the... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Feb 21, 2022

When you state that inheritance probation has been accomplished, does this include updating the public registry to reflect the participation and percentages of all heirs? Assuming that this is the case, given the refusal of one of the heirs, your best recourse would be to go before the Puerto Rico... Read more »

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