Puerto Rico Questions & Answers by Practice Area


Puerto Rico Questions & Answers

Q: My dad passed away. But my mom is alive. She would like to transfer deed to her daughter. How does she go about doing it

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Apr 18, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. Your Mom has to do a donations contract in Puerto Rico inorder to Donate her half of the Property to her daughter. The other half belongs to your father's estate (inheritors). You need to hire an Attorney in Puerto Rico to do the lnheritance and the donation process. Feel free to contact me if you have further questions on this or any other legal matter.

Q: I have a friend who lives in Puerto Rico. She is married but her husband has separated from the home.

1 Answer | Asked in Family Law for Puerto Rico on
Answered on Apr 9, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using Justia. She can travel for visitation purposes. If the husband denies her, she should file for divorce. I would just purchase the tickets and leave if her intent is to return to Puerto Rico. If not she can go to the court and get judicial authorization to travel.

Q: My grandmother died in 1991 in Puerto Rico. I had a title search done and they could not find her title.

1 Answer | Asked in Real Estate Law and Probate for Puerto Rico on
Answered on Apr 9, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using Justia. This sounds very odd that CRIM would have the property accessed without the property being registered. You will need to search all records of past owners of said property to find out what went wrong with your Grandmother's registry of property.

Q: Does the father of baby have to pay support during pregnancy?

1 Answer | Asked in Child Support for Puerto Rico on
Answered on Mar 29, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. The civil code doesnot provide for this. Thus There being no laws related to this matter, the father is not obligated to pay support unless he admites that the fetus is his in which case the Court can fix a support payment. You need to prove that the fetus is his.

Q: My husband is buying a property in Puerto Rico which he will put under an established Real Estate LLC which he owns.

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Answered on Mar 27, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. An LLC corporación is one which does not have stock holders but rather administrators of the corporation. If the purchase is made with money from the marital community then the marital community is the administrator of the LLC and you would be administrator of 50% of the percentage of your husband in the LLC. A wife is not an inheritor unless the deceased husband has no living children or parents. Thus in answer to your question if your husband at his time...

Q: I want to divorce my husband and get custody of my kids, and Social services will not help what do I need to do?

1 Answer | Asked in Child Custody, Divorce and Family Law for Puerto Rico on
Answered on Mar 22, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. Your best move is to speak with your superiores to established you being assigned and deployed at one military base for a set time span that you can take your children with you. The custody in normally always given to the mother. It would be a good to have your children registered in a School of your choice and have housing set up for all of you in the área where you will be deployed. Set up a plan of custody and child care when you are at work. Also set...

Q: The father ir my son lives in Orlando,FL and I have full custody of my son can I use Child Support?

1 Answer | Asked in Child Support for Puerto Rico on
Answered on Mar 20, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. You have the social security number of the father thus ASUME should be able to get you his Tax refund sent to you each year. You can also file a petition against the paternal Grand parents for payments of child support since the father is not paying. Another thing you can do is have ASUME issue a request of an arrest warrent against the father for not paying child support.

Q: Does Puerto Rico have a "Small Estate Affidavit" or equivalent legal document?

1 Answer | Asked in Estate Planning and Family Law for Puerto Rico on
Answered on Mar 19, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. Puerto Rico does not have a Small Estate process. The only way to liquidated assets of the deceased is by probate through the Court. This is done by filing a petition with the Court.

The first step is to get a certified copy of the Will through the ODIN Office. They are whom has the original document registered. The second step is to file the petition with the original Will in the Court. The Court Will validate the Will and give it authourization....

Q: Why do you I have to pay so much Childsuport if my daughter does not live with her mother and has a baby

1 Answer | Asked in Child Support for Puerto Rico on
Answered on Mar 13, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. The question should be "Why is a 16 year old minor living with a male of 27 years of age when this constitutes sexual abuse of a minor, child abuse and possible statutory rape if sexual relations were done prior to her 16th birthday."

The child support payment is for the child and not the mother thus you will need to open an account in your daughter's name, deposit the child support in said account and file a motion with the Court informing them of...

Q: What happens to the working papers (unfinalized deeds, etc.) of a lawyer when they pass away? How can I obtain them?

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Mar 9, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. If said documents form part of the lawyer's portfolio then you can obtain them at the "Archivos Notarial". This Office is divided by districts and each district has various municipalities that create the district. Depending where the locatión of the Attorney's Office was located depends what district his portfolio will be found. You can find this information (where the

Archivo Office is located) at the Court house in the municipality where the...

Q: How can I put a house for sale in P.R. after getting heir of declaration certified through court?

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Feb 27, 2019
Ramon Olivencia, Esq.'s answer
No. You need to now obtain a waiver or clearance from the PR Treasury Department by filing an Inheritance Form, also called an Estate Tax Form. Then, there needs to be the transfer of the property rights to the heirs via the Property Registry of PR.

Q: If I have people living in a house for 3 years and I haven’t renewed their lease in a year, do they have squatter rights

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Feb 23, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. In Puerto Rico squater's rights are claimable in one of two ways. The first way being in good faith and the second is in bad faith. In your particular situation good faith does not apply since there was a rental agreement. Thus the only way they can claim squater's rights are under bad faith. In order to be able to do this they would have to show that they maintained possesion of the property for more than thirty years as acting owners without the legally...

Q: How long does it take to get a court date in Puerto Rico for a divorce?

1 Answer | Asked in Estate Planning and Divorce for Puerto Rico on
Answered on Feb 19, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. This año depends on what grounds you have filed the divorce under. A mutual consentimiento case is usually one week but a infidelity case can be more than a year. The average usually is 90 days to 6 months.

Once you file the Court automáticamente gives 30 days to Answers the claim and 60 days for Discovery. Do the fastest is 90 days if every thing goes as planed. However in law nothing ever goes as planed. Thus it is a good bet that your first...

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....

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