Puerto Rico Questions & Answers by Practice Area


Puerto Rico Questions & Answers

Q: In PR can someone add both surnames maternal & paternal on a birth certificate w/o doing a name correction. Born in NJ

1 Answer | Asked in Family Law for Puerto Rico on
Answered on Aug 10, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using JUSTIA. A birth certificate is issued at your place of birth so you can not get a birth certificate in another location where you were not born. Since you were born in New Jersey you would need to do all pertinent changes to said birth certificate in New Jersey. Puerto Rico will not change your birth certificate unless you qualify for a name change process. It would be simplier to do the name change process in New Jersey.

Q: Is there an office in PR that can help a senior citizen do a declaratorio de herederos for free or a discount price.

1 Answer | Asked in Real Estate Law, Elder Law and Land Use & Zoning for Puerto Rico on
Answered on Aug 10, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using JUSTIA. Yes there are various places that can help. You can contact the Sociedad De Servicios Legales in Aguadilla, the law university in Ponce, the office for the elderly in Aguadilla just to name a few. You can find them on the internet or by calling 411.

Q: My father passed away in PR, left house to his 4 children, 3 girls 1 boy.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Aug 4, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good afternoon. Your brother must compensate his sisters in the fair market value prior to his renovations. You have to sue him in court in Puerto Rico inorder to force him to buy you out. The other option is to sell the property to a third party and split the proceeds in equal parts. Your brother will have a credit of 75% of the needed repairs not luxury. Please giveme acall or contact me if you need additional information.

Q: My father passed away in PR and the house was left under his 4 kids name, the problem is my brother is a Doctor and

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Aug 1, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good afternoon and thank you for using JUSTIA. The sisters can sue him and obligate him to purchase the property from them. He can not legally do what he wants with the property with out authorization from all the inheritors. He will have a credit for repairs done to the property but if he is living the property or

benefiting in anyway from said property then he must pay a rental fee to the sisters. The sisters have rights over said property and must execute them in court. Good luck.

Q: if my dad creates a will in Puerto Rico and leaves his house to me is that the final say even though I have 2 other

2 Answers | Asked in Real Estate Law for Puerto Rico on
Answered on Jul 31, 2018
Ramon Olivencia, Esq.'s answer
If that is the only property he has, it cannot be done unless he specifically disinherits your 2 sisters, making sure that it is due to the reasons stated by law. In Puerto Rico, the children are what is called "forced heirs", so their inheritance could only be voided as specified by law.

Q: My son is attending boarding school in PR. How can I give guardianship to my sister for his medical care, etc?

1 Answer | Asked in Family Law for Puerto Rico on
Answered on Jul 21, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good morning and thank you for using JUSTIA. You can prepare a notarized general POA in favor of your sister that allows her to take and or make any decisions for the benefit of the child such as social, medical, educational, domestic or the like. You must mention the childs exact legal name as found on his birth certificate and include copy of said document. The POA must include a certified copy of the County Clerk's Certification of the notary's commision. All these mentioned documents must...

Q: Can I leave the island with my two month old son? Father has only seen him twice, and not supporting him financially?

1 Answer | Asked in Child Custody and Family Law for Puerto Rico on
Answered on Jul 19, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good morning and thank you for using JUSTIA. Yes you can travel with your child with no legal problems. The legalities begin when the father has petitioned the court for his parental rigjts and you donot respond to the court. As long as you respond to all court proceedings there will be no legal problems. Have a good flight...

Q: How will wife’s name on deed affect sale of home and closing? Home purchased before married, only my name on mortgage.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Jul 14, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good afternoon and thank you for using JUSTIA. Since her name is on the deed she will need to either sign the sales deed or give you Power of Attorney to sign for her. If she refuses to sign or give you POA then you must go to court and get authorization to sell the property. This will obligate her to sign the sales deed. Good luck.

Q: My son dropped out of school this year, he turns 18 in 2 months. Will I still have to pay support in Puerto Rico?

1 Answer | Asked in Child Support for Puerto Rico on
Answered on Jul 11, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good morning and thank you for using JUSTIA. Under local Puerto Rico Law a child is a minor until the age of 21. The law requires payment of child support until the age of 21 and until the court issues order to end payments even if he is no longer a student. Student status has nothing to do with the obligation to pay child support for minor children. Once your child turns 21 you must submit a motion to the court requesting order to halt child support payments.

However if he begins to...

Q: In Puerto Rico, a person can divorce on grounds of abandonment or separation. Whats the difference?

2 Answers | Asked in Divorce for Puerto Rico on
Answered on Jul 7, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using JUSTIA. In order to have a marriage there are three marital vows that must exist as per law, these are mutual support, mutual care and living under the same roof as a married couple. Any breach of these vows creates the a stage for filing a divorce. There are various causes for divorce in Puerto Rico from the simply unreconcilable differences, mutual consent, mental issues, addiction to controlled substances or alchoholic beverages, cruel treatment and...

Q: Is it safe to give a car under affidavit if I still owe on it?

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Banking for Puerto Rico on
Answered on Jul 3, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good morning and thank you for using JUSTIA. The two main downfalls are that you will remain the registered owner of said vehicle and the principle debtor to the loan. This means that you are the responsable party for any damage that the vehicle causes and in the party responsable for the monthly payments to the bank loan.. If the person fails to pay the loan or has an accident and causes damages, you will be the responsable party thus this may affect your credit rating anyway. Although you...

Q: My ex and I co-signed for his car and now he filed for bankruptcy. The auto lender is now expecting me to pay the entire

1 Answer | Asked in Bankruptcy for Puerto Rico on
Answered on Jun 18, 2018
Timothy Denison's answer
The answer should be Contained in your divorce and separation agreement. You may be able to use the contempt power of the court. You’ll need to consult a bankruptcy attorney who can guide you through the technicalities involved.

Q: My stepdad used the house as collateral in his personal loan now that he passed away my sister and I are wondering how

3 Answers | Asked in Real Estate Law for Puerto Rico on
Answered on Jun 14, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. The house responds in the event the loan goes into default. Even though it was a personal loan the property is collateral of sais loan thus it shall respond for any default. Attempt to verify if said loan had a life insurance policy attached to it so that the loan gets paid off. If no insurance then the property responds and as such any default of said loan will be collected from the propwrty value.

Q: I'm from Puerto Rico and I pay child support for my 22yr that finish 4yr of college, do I still pay if he keeps studying

1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Answered on Jun 14, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using JUSTIA. If there is a court order and you son will continue to study then yes until he is 25 years old. If he will not continue to study then you will need to file a motion to the court asking for termination order. You must continue to pay until court terminates the order.

Q: My grandma is deceased and she donated her house to me. I found out that the deed had her husbands name

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Jun 11, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good morning and thank you for using Justia. You need to visit the office of said attorney. You can also get more information and help finding that attorney by contacting the bar association (Colegio de Abogados) or the Supreme Court.

I doubt it was a donation since she passed away and you had to get signatures from the inheritors. It sounds more like she did an inheritance in life which is not the legal way to do it. What needs to be done is to create an estate by filing a petition in...

Q: I have a house in Puerto Rico. My step father and mom paid off the house. The house was under my stepfather's wife name.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Jun 11, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good morning and thank you for using JUSTIA. My only question is why have you waited six years to ask this question. Of course you can and should petition the court for said signature. As you say "enough is enough". Best of luck.

Q: In P.R., can a bank foreclosing on a dead mother's home go after the children if they don't want any part of the home?

1 Answer | Asked in Foreclosure and Real Estate Law for Puerto Rico on
Answered on Jun 11, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using JUSTIA. Yes the bank can file suit against all the inheritors. However the inheritors can contact the bank and inform them that the inheritors do not accept the inheritance thus they will not be responsible for the note. The bank will then inform you on how to go about resigning the inheritance.

Q: My mother passed away last year and this year my step dad my sister and I are planning to go and do declaracion De hered

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Jun 11, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good morning and thank you for using JUSTIA. That would all depend on whether or not your beloved mother signed on said loans. If she did sign then yes you and your sister respond .

Q: Can a certified copy of a POA be used in lieu of the original to complete a real estate transaction in PR?

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Jun 11, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using JUSTIA. Only the original can be used for the purpose of getting the Supreme Court to certify said POA as a full faith and credit document(Protocolizado). I personally answered this question in another forum to which you subscribed. Please verify.

Q: My grandmother wants to sign the deed for her property over to me in Puerto Rico. what complications may I face?

1 Answer | Asked in Mergers & Acquisitions, Real Estate Law, Tax Law and Estate Planning for Puerto Rico on
Answered on Jun 11, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using JUSTIA. There are various questions you need to be answered before you accept such as is there a mortgage, is this her only property, are there any children (future inheritors), is it tax free, any liens, ect. The first thing you should do is have a title search done to find answers to your questions. Once this has been done you will then know the economical burden if any and if the deed is free and clear of any claim. The next step is to verify the future...

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