Puerto Rico Questions & Answers by Practice Area


Puerto Rico Questions & Answers

Q: in Puerto Rico is there a squatters rights law ?

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Feb 6, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. There are squater's rights in Puerto Rico but the term is 15 years in good faith and thirty years in bad faith.

Q: I was given full custody of my children and the same day that I got the full custody, the mother decided to file for DV

1 Answer | Asked in Child Custody, Family Law and Domestic Violence for Puerto Rico on
Answered on Feb 6, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. In order for the Court in Puerto Rico have jurisdiction over any event said event has to have taken place within Puerto Rico. An event that happened in Pennsylvania would not be litigated in Puerto Rico. The criminal code of Puerto Rico (33LPRA) clearly establishes this fact in article 3.

In any criminal case it is highly recommended that you be represented by an Attorney during the probable cause hearing (34 LPRA 6). This is the inicial hearing...

Q: Where can I find proof that grandma received child support for son (1940's PR)? She said she never got it, but ex paid

1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Answered on Feb 3, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. I am afraid that the records you are searching for no longer exist. Our current system began in 1950 with the creation of the Commonwealth of Puerto Rico and the signing of our Constitution. The records that you are searching for are from a lower court known as the Superior Court.

As for the internet, There is a website that is a search engine for finding information about judicial cases. This can be found at the following link;...

Q: Busco como resolver lo siguiente: tengo un balloon paymnet que vence en Nov.2019 -no tengo ahorros pero, tengo una propi

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Jan 29, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Saludos y gracias por usar JUSTIA. Deben consultar a un consejero financiero. Algunas alternativas son vender la propiedad que usted menciona; refinanciar la propiedad de valor; hacer un reverse mortgage; refinanciamiento de la propiedad y el ballon payment; declarar quiebras entre otros. Si eres veterano hay otras ayudas para pagar el ballon payment. Buscá un consejero financiero inmediatamente para tener tiempo para resolver el problema.

Q: I live in PR and the father of my daughter in FL in 12 years passes me the maintenance when he wants, what should I do?

1 Answer | Asked in Family Law for Puerto Rico on
Answered on Jan 29, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. You will need to file a claim for child support and/or incompliance with a child support resolution. You need to claim for a contempt of court order since the father has not complied with his obligation to pay child support. This is all done at your local ASUME office.

Q: I was adopted in San Juan, PR. My adoptive parents are deceased. How do I request my original birth certificate

1 Answer | Asked in Adoption for Puerto Rico on
Answered on Jan 29, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. If you were legally adopted then your birth certificate will appear under your adoptive parents. You will need to request the birth certificate using your adoptive parent's names on the request document. You can also contact the Family department in Puerto Rico for additional information.

Q: What are my rights for forced heirs in Puerto Rico?

1 Answer | Asked in Civil Litigation, Criminal Law and Real Estate Law for Puerto Rico on
Answered on Jan 29, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. You will need to hire an Attorney in Puerto Rico to claim your rights to your inheritance as representatives of your father. First you will have to file a declaration of inheritors for your father's estate. Once you receive the court resolution declaring you the inheritors you will simultaniously file against the inheritors of your grandparents and file your father's inheritance tax forms. Your uncles and aunts have to pay you your share of the inheritance....

Q: Im 25. My18 yo brother moved with me to the states. Can my 16 yo sister make the decision to move also and leave her dad

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Answered on Jan 18, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. Your brother is not an adult until he reaches the age of 21 as stated in the laws of Puerto Rico. As for your sister she also is a minor and as such is the responsability of her biological parents. In order for you to be able to obtain custody of your sibblings you will need to do a judicial process in court of Puerto Rico to show that said biological parents are not capable to care for said minors and as such you request to obtain custody of said minors....

Q: How long does it take for child visitation rights to be resolved in Puerto Rico?

1 Answer | Asked in Child Custody for Puerto Rico on
Answered on Jan 10, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. The process all depends on the complexity of the parties to the case. If both parties are in agreement then the time span is usually one month. However if the parties are not in agreement then the case can take time. Usually the court dates are every two to three months apart to allow social services evaluations of the parties. It can consume time base on the willingness of the parties. No matter what needs to be done in said case you will need an attorney...

Q: im trying to purchase a property in puerto rico. They are selling it to me for 30k cash. how can i avoid using a lawyer?

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Jan 4, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Happy holidays and thank you for using JUSTIA. You will need to hire an attorney/notary public to complete the sale any how since all sales of real estate property have to be done in public deed and only an attorney/notary public can create a public deed. The attorney will request or search for all needed documents to conduct the legal sale and property registry.

Q: when the impose the $$ of child support my ex didnt work and she started working a few months after, how i change it ?

1 Answer | Asked in Child Support for Puerto Rico on
Answered on Jan 4, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Happy holidays and thank you for using JUSTIA. You will need to file a petition to eliminate child support for the eldest since he is the one whom needs to claim for support from both parents. The mother has no right to claim on his behalf. The second thing you need to do is to file a petition for child support against the mothe on behalf of your youngest son stating that mother has income and capacity to pay child support in the childs favor.

Q: Hi there, my daughter lives in PR. Is there something I can pursue or file that could postpone her return for 6mos?

1 Answer | Asked in Child Custody and Child Support for Puerto Rico on
Answered on Jan 4, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Happy holidays and thank you for using JUSTIA. You can file for joint custody or full custody. Since your daughter lives in Puerto Rico you should verify if any custody ruling has been set in Puerto Rico. If not, then you can file in your home state. As for ASUME this is a child support agency that receives the child support payments. If they are involved in your case then a custody ruling has been set and the jurisdiction for any claim of custody or child support is in Puerto Rico. ASUME has...

Q: Husband wants to file irreconcilable, 3 properties involved septd. 13yrs, wants properties in US, specify rights

1 Answer | Asked in Divorce for Puerto Rico on
Answered on Jan 4, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Happy holidays and thank you for using JUSTIA. Local law under this filing does not divide marital property thus a seperate claim has to be filed. You should consult an attorney and file divorce for infidelity. You have full rights to 50% of all marital goods. You also have the right to request monthly payments as a spouse for you daily living. This is known as "Pension ex-conyuge".

Q: i live in the us and my son lives with his mom in PR am I responsible for both flights to see my son or is it half?

1 Answer | Asked in Family Law, Child Custody and Child Support for Puerto Rico on
Answered on Dec 12, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. If your son travels then both parents cover the costs half and half of his travel expenses. Since this is not the case, I am afraid that you will have to pay both flights unless you come to an accord with the child's mother. There is nothing in the laws that obligate the other party to contribute to the payment of your flights to visit your son in Puerto Rico.

Q: my father passed away 5 years ago. mom wants to sell the house but she has 9 kids. one son is dead and we can't find his

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Puerto Rico on
Answered on Dec 8, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. Yes your Mother needs to create your beloved Father's estate. Only your Father's children need to be mentioned in the petition to create the estate so only thier perspective birth certificates are needed. If the deceased son was from your Father then we would need his birth and death certificate. The grandson would then be the inheritor of his deceased Father's share in your Father's estate. If the grandson was born in Puerto Rico his birth certificate can...

Q: can I leave PR with my 2 children to the states My boyfriend won’t consent and he is holding me hostage, what can I do

1 Answer | Asked in Family Law for Puerto Rico on
Answered on Dec 3, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using Justia. You were suppose to leave from Aguadilla airport yesterday (saturday) to your brothers house. Your sister in law is very worried. You can call me for help with your situation.

Q: Can someone who is 19 move away from there parents in PR? is the age 21? What if she moves to the states does it change?

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Answered on Dec 1, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. Anybody under the age of 21 and a legal resident of Puerto Rico is a minor under law and therefore is under the guidance and regulations of the parents that have custody. A minor cannot move away without parental consent and the fact that she moves to a state does not change the fact of being a minor since she is a legal resident of Puerto Rico. For a change to occur one would have to become a legal resident of another jurisdiction. Usually residency laws...

Q: Is a property owner required to register the deed after an all cash purchase?

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Nov 27, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. The only way to have protection of a clear and clean title to a property is by the Registry of Property. It is not common practice to not have your ownership registered. However there are certain areas in Puerto Rico where properties are not registered due to legal issues with the properties such as beach front properties, issues with inheritance laws, registry errors, tax evaision issues, registry of property administrative delays, etc.

Our best...

Q: on October 23rd at 2am I was hit on my drivers side by a Toyota highlander .I had the right away the light was green.

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Puerto Rico on
Answered on Nov 26, 2018
Timur Akpinar's answer
Based on your facts, it appears that the other driver was at fault. You could consult with an attorney in Puerto Rico to discuss what your next step would be in light of the other side’s refusal to acknowledge the police report and testimony from two witnesses. Try to find out if there were any surveillance cameras in the vicinity that may have captured footage of the accident.

Tim Akpinar

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