Puerto Rico Q&A by Practice Area

Show More Practice Areas »

Lawyers, Answer Questions  & Get Points Log In
Puerto Rico Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for Puerto Rico on
Q: Is there any way to break a short term rental agreement without penalty. Especially right now amidst the COVID crisis?

I'm in a short term lease that ends may 31. we gave the landlord 30 days notice but they are not accepting it. They say breaking the lease early results in an additional penalty of 2 months rent, plus I believe they will most likely keep our deposit. I want to be able to break the lease and move... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Apr 2, 2020

Hello and thank you for using Justia. The best way to resolve this matter is to speak with your landlord and explain to him your reasons for wanting to move to your parent's house due to economic hardships because of the current quarentine under the Executive Order issued by the Governor.... Read more »

1 Answer | Asked in Child Support for Puerto Rico on
Q: Si una persona está encarcelada en P.R, su ex-pareja que reside en la FL puede enviarle “Child Support”de ese estd?

Mi hermano está en la cárcel y acaba de llegar una carta del “Child Support “ de la Florida a nombre de el. Quisiera saber a qué nos estamos enfrentando ya que esa no es su residencia. Adicional, ella le tiene una orden de protección a el y está pagando el la cárcel por eso y más está... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Apr 1, 2020

Saludos y gracias por usar Justia. La deuda de pensión sigue aumentando durante su estadía en la cárcel. Deben radicar una moción urgente al Tribunal informando que él está en la cárcel y qué no puede pagar pensión alimenticia estando preso.

De necesitar información adicional...
Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Hello, I recently purchased some land in Puerto Rico with my friend and her son. If I die, I would like my third of the

property to go to my friend. If we place the property in an LLC , with the operations agreement stating that surviving members get all shares, then can I avoid the forced heir situation? If not what vehicle does P.R. provide for this situation?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Apr 1, 2020

Hello and thank you for using Justia. The only way tomake aire your friend gets the property is by you creating a Testament leaving the property to your friend. You will need to have a Testament created by an Attorney in Puerto Rico and then have it sent to you for signatue. This is known as a... Read more »

1 Answer | Asked in Child Support for Puerto Rico on
Q: I pay Child Support in New York State for my two oldest children. I now live in Puerto Rico.

My son was emancipated at 18 because he enlisted in the army, I stopped paying his part and continued to pay for my daughter’s part without failing, my son is now 21 and NYS Child support is still charging me for his part. I’ve called for petitions and they keep telling me they don’t have... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Mar 27, 2020

Hello and thank you for using Justia. You need to figure out where was the original Child Support obligation order issued. This is whom has the jurisdiction over the Child Support case. According to the Uniform Interstate Family Support Act (UIFSA) (to facilitate collecting child support across... Read more »

1 Answer | Asked in Child Support for Puerto Rico on
Q: I’m a disabled vet and my daughter gets benefits from chapter 35 DEA. Can those payments replace child support?

She gets over $1,200 monthly. My child support orders me to pay $1,000...she’s 22 years old. Thank you in advance.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Mar 24, 2020

Hello and thank you for using Justia. The Child Support laws in Puerto Rico are applicable upto the age of 21. There is an exemption to this rule when your Child is studying. If this is not the case, then you must petition the Court to eliminate Child Support. It is not eliminated automatically.... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: I'm a lawyer in TX. I have a TX couple who own a condo in PR. They want to transfer title to a TX LLC by Quit Claim

Does PR recognize Quit Claim Deeds? Can it be filed in PR?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Mar 18, 2020

Hello and thank you for using Justia. Puerto Rico does not recognize Quit Claim Deeds as an optión to transfer titleship of real estate. This is not an optión for your clients. Let me know what are your client's intentions for transfering Titleship and I will give you options.

If you need...
Read more »

1 Answer | Asked in Child Custody for Puerto Rico on
Q: Where does one need to file for child custody in Puerto Rico?

My cousin and his ex girlfriend had their child about 3 months ago now. She has been extremely stubborn the whole pregnancy and thereafter and has not allowed him to see his child. I've seen text messages and she never responds when he asks to see his son. During this time, they were both living in... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Mar 18, 2020

Hello and thank you for using Justia. Yes he must file for Custody, visitation and/or any other right related to the Child where ever said child lives. If the Child lives un Florida then the request needs to be made in Florida. Your cousin needs to contact the Florida Bar Association for... Read more »

1 Answer | Asked in Estate Planning and Civil Rights for Puerto Rico on
Q: My father was married to my mother at the time of her death. She had three prior children before married my dad from

Previous marriage. Together the only had one child which is me. My father is try to sell the house in Puerto Rico my mother didn’t not leave a will. Can her other kids receive money from the sell or no

Jose Rivera
Jose Rivera answered on Mar 17, 2020

Greetings:

In a simple explanation. When your mother passed away half of the estate passes to you father and the other half is divided between you and your relatives. In a more technical one, the estate gets divided in half first as we first explained and then it will get evaluated an...
Read more »

1 Answer | Asked in Child Custody for Puerto Rico on
Q: How do I get in contact with someone in the interstate child support enforcement office to get this going?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Mar 9, 2020

Hello and thank you for using Justia. You can attempt to contact them by visiting the Department of Family Child Welfare División. They will be able to guise you in your quest.

1 Answer | Asked in Child Support for Puerto Rico on
Q: I’m on vacation in Puerto Rico and my son’s father owes me child support in New Jersey. I have the order, where

Can I go file for child support in Puerto Rico with the order from New Jersey?

Jose Rivera
Jose Rivera answered on Mar 8, 2020

Greetings;

The jurisdiction belongs to exclusively New Jersey, but If the father lives in Puerto Rico you can enforce the order through the interstate child enforcement services agency. They have liaisons with the local child enforcement services agency and will assist you on your case....
Read more »

1 Answer | Asked in Family Law and Civil Rights for Puerto Rico on
Q: Hi if child is of age and no longer in mother home in puerto rico mother refuse to give birth certificate and social

Can mother get introuble by law for holding them and not giving them up

Jose Rivera
Jose Rivera answered on Mar 5, 2020

Greetings:

As a parent you can request documents and credentials of your dependents. If they're of legal age they can request the documents themselves. If the mother prevents you from exercising your parental rights, you can file in court to validate those rights and have visitation rights...
Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Puerto Rico on
Q: Greetings, I am unclear as to Adverse Possession, not asking about squatters, laws in Puerto Rico.

Adverse possession (not squatting) in regards to real estate, as I understand it, is when someone has taken over part of your property and is actively using it with your knowledge and you, the legal owner of said property has done nothing to remove the person from your property. After a set amount... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Mar 4, 2020

Hello and thank you for using Justia. This does form part of squatter's rights known as "Usucapion". In order to become the new owner, the party that is using your property must do it in a peacefull manner, act as if he is the owner infront of the públics eye, do acts of ownership and in your case... Read more »

2 Answers | Asked in Child Custody for Puerto Rico on
Q: How can we fight to not pay past dues on Child Support when the non-custodial parent was deployed overseas?

NCP deployed overseas, ex wife filed for child support in PR saying he wasn’t paying any money. He has proof that he was sending money to his youngest son, the other two he wasn’t sending money because prior to a case being opened in PR they had child support agreements in Philadelphia. The... Read more »

Jose Rivera
Jose Rivera answered on Mar 4, 2020

Greetings;

You will have to request a review of the case and hearings to present the evidence that can prove that there were child support cases in other jurisdictions, present copy of the deployment orders and that one of the dependents was living with dad a long with any other evidence...
Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Greetings, How do I go about getting a lot line adjustment?

My neighbors need part of my land and I need part of theirs. Since both areas are on the same property line it would be logical to just do a lot line adjustment. How do I get the process started? Is it possible in Puerto Rico?

The property is rural.

Thank you.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Feb 26, 2020

Hello and thank you for using Justia. We have a different legal process as a remedy available. You will need to hire an Attorney, do a new plot plan study, get a Property Surveyor to remeasure the property and then prepare a public deed with the new measurements un the Registry of Property... Read more »

2 Answers | Asked in Family Law and Child Support for Puerto Rico on
Q: Does ASUME in PR deviate from guidelines when noncustodial parent has other biological children or other CS obligations?

I read that many states do deviate from guidelines when NCP has other children to care for or other support orders (for children not on case). Does ASUME deviate or consider the other children as an expense or credit?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Feb 23, 2020

Hello and thank you for using Justia. Yes local law does allow crédits for other child support Court Órdenes, children under your care in addition to various other crédits.

If you need additional information please feel free to contact me directly.

View More Answers

1 Answer | Asked in Adoption for Puerto Rico on
Q: Do I need an attorney in Puerto Rico to get name changed on birth certificate after adult adoption completed in NC?

I adopted my husband's adult son (born in Puerto Rico) in North Carolina. The court sent a report to vital records in Puerto Rico to have his birth certificate updated with his new last name. We are being told that Puerto Rico won't recognize the adoption without us appearing in court there and... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Feb 22, 2020

Hello and thank you for using Justia. In order to changed any information on a certificate registered in the Department of Demografic Registry (Office of Vital Récords) a Court Order is required. The Court must issue a ruling authorizing the change of information stated in the certificate. In... Read more »

1 Answer | Asked in Civil Litigation for Puerto Rico on
Q: Can a Quitclaim deed made in Florida be valid in Puerto Rico?

Hello my wife's mother, aunt and uncle all inherited a house from there father when he passed away in mid 1994, this is all documented through the courts in Puerto Rico. My mother in law was living in the house but is not living in a nursing facility. the three siblings want nothing to do with the... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Feb 16, 2020

Hello and thank you for using Justia. A Quitclaim will not be legal in Puerto Rico since our laws do not recognize this document for transfer of property.

The legal way to do what the siblings and your wife want to do is as follows;

1) At this moment the title of the property...
Read more »

1 Answer | Asked in Arbitration / Mediation Law for Puerto Rico on
Q: If a municipal judge decides to send you and the other person to arbitration, are you obligated to go?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Feb 15, 2020

Hello and thank you for using Justia. If the Honorable Judge issued a Court Order then yes you must comply but you are not obligated to mediate. You are only obligated to show up at the appointment.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My stepdad have a land in Guayama and he is in Pennsylvania state Prison need help

The house was damage by the hurricane Maria he wants me to handle the property and fix the damage but to make it easier to put the house under my name but I need help I live in Philadelphia PA I have the papers of the house

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Feb 15, 2020

Hello and thank you for using Justia. This all depends on the age of your Father and how many children he has. This is done to protect the future Inheritance of his children. I would suggest that you begin repairs with the house and then decide if your Father should donate or sell said property to... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: from start to finish how much does it cost to register a piece of property in P.R.?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Feb 12, 2020

Hello and thank you for using Justia. This all depends on the sale price or value of the property you receive. You can verify the cost using the following link;

http://www.fianzanotarialpr.org/calnota/

Just full in the blanks and it will give you an idea of the costs.

This...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.