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Puerto Rico Questions & Answers

1 Answer | Asked in Real Estate Law for Puerto Rico on

Q: My holdings company in the US. Has slowly been purchasing property under different companies established in Wyoming.

If we rent out these properties, firstly do we actually have to setup to do business in PR? Secondly, since all the monies paid to each entity is actually passing on the fees to the holdings company for mgmt. Does it even have to be concerned with setting up in PR since it will not be paying taxes... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on Aug 15, 2019

Hello and thank you for using JUSTIA. Yes you will need to set up an account to do business in Puerto Rico with the tax department. You will also need to file yearly tax returns and possible monthly IVU returns depending if you set up a non witholding corporation or not. Any income made in Puerto... Read more »

1 Answer | Asked in Probate for Puerto Rico on

Q: my father has the beginning of dementia, his wife did a will on his behalf having him sign it making her the sole heir.

My father has 4 children, can we attest those documents. Can we hire a lawyer to get those document, the deed to the property/land and marriage certificate in order to mandate the correct heir to the house?

Nina Whitehurst answered on Aug 13, 2019

It sounds like you want to contest the will in advance, before your father passes. That is very uncommon, the reason being that technically a will is not effective until death and can be changed any time up until then as long as the testator has capacity.

What you CAN do is hire an...
Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on

Q: My parents want to transfer their house in Puerto Rico to my name. What steps we need to take to have that done?

I have power of attorney from them... is it something I can do on my own? Do we need to travel to PR to have the transfer done or can it be done from the states?

Nelson Jose Francisco Alvarez-Aponte answered on Aug 12, 2019

Hello and thank you for using JUSTIA. This Transfer has to be done in Puerto Rico so you must travel. You cannot represent your parent's and yourself in the same act. Your parents will need to name a third party to represent them. The easiest way is for all to travel to Puerto Rico and do the... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Puerto Rico on

Q: How do I get a free consultation with an attorney with a background in real estate law in Puerto Rico. No answer yet.

Have a cousin who has put his small business on my father's property without permission and there is no written agreement. My father has the deed to this property. He is now expanding. My cousin says he has a business permit and is allowed to be there. How do find out that this is true? How do we... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on Aug 7, 2019

Hello and thank you for using JUSTIA. If you search the data base on JUSTIA you will find various Attorneys whom give free consultations in Puerto Rico.

1 Answer | Asked in Business Formation, Business Law, Contracts and Real Estate Law for Puerto Rico on

Q: HOA laws in Puerto Rico. Looking for info on where laws can be found, summary analysis of key, legislative structures

Nelson Jose Francisco Alvarez-Aponte answered on Aug 6, 2019

Hello and thank you for using JUSTIA. There is no one place to find HOA regulations. Each community sets up its own rules and regulations. However there are basic rules such as horizontal laws for condominiums and access control laws for gated communities.

1 Answer | Asked in Divorce and Family Law for Puerto Rico on

Q: Divorce decree

My dad can go to court where I got divorced in Puerto Rico and request a divorce decree for me.

Do I have to send any written permission to request it? I live in usa

Nelson Jose Francisco Alvarez-Aponte answered on Aug 6, 2019

Hello and thank you for using JUSTIA. In order for you to get a divorce decree, you must request it personally since these cases are prívate. You will need to contact the Court to find out exactly what is needed for you to authorized your father to receive a copy of said decree.

1 Answer | Asked in Federal Crimes and Gov & Administrative Law for Puerto Rico on

Q: I have a child in department of family care whose DNA test is required ?what is the procedure?stolen baby from hospital.

Department of family Puerto Rico is doing everything to not let me see him by making excuses or hanging up calls. One of child mom friends told me that baby is actually stolen baby from hospital so blood test shows mom is not his real mom even so government is worried test will open a Pandora box... Read more »

Gary Kollin answered on Aug 4, 2019

Get the test.

Perhaps it would help if you did not refer to the child as an “it.”

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Puerto Rico on

Q: How do we deal with a person who has a small business on our property in Puerto Rico without our permission?

My father lives in Yabucoa, Puerto Rico and has a small piece of land across the street from his house. There is a main road between his house and a small business a nephew started without my father's permission. The nephew has been there for at least 5 years. It's a place to sell sandwiches,... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on Aug 2, 2019

Hello and thank you for using JUSTIA. All he needs to do is to get an Attorney to file a process known as "Desahucio" which will have the Court order his nephew and the business removed from the Property.

1 Answer | Asked in Real Estate Law for Puerto Rico on

Q: Bought property from my mom and dad in Puerto Rico. What do I need to transfer the property under my name.

I already have a written agreement by a lawyer and signed by all parties with the purchase agreement. What additional paperwork would I need to make this official.

Ramon Olivencia, Esq. answered on Jul 22, 2019

1. Sales deed to be prepared by an attorney with both parties appearing (sellers and buyers)

2. Transfer at the Property Registry

3. Transfer at the property tax agency (CRIM)

2 Answers | Asked in Child Custody, Child Support and Family Law for Puerto Rico on

Q: What rights do fathers have in custody cases?

A couple was married 2 years, and have 2 children. After multiple attempts at reconciliation due to her cheating, they separated. She took kids and moved to Puerto Rico from Florida without father's permission. Father moved for a 2 yr period to Puerto Rico to be close to kids. But now he has... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on Jul 20, 2019

Hello and thank you for using JUSTIA. That amount requested by your wife for child support sounds very extravagant. The child support laws are very clear cita. It tales both parties monthly income and then refers to a chart that sets a number for child support based on the percentage that each... Read more »

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2 Answers | Asked in Civil Litigation and Identity Theft for Puerto Rico on

Q: What are alimony laws in Puerto Rico?

A couple were married a little over 2 years while living in Florida... in those 2 years, wife cheated 3 times, and they attempted reconciliation. After the 3rd time, they separated, and she took kids and moved to Puerto Rico. They've been separated 4 yrs, and he wishes to divorce legally to... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on Jul 20, 2019

Hello and thank you for using JUSTIA. There is no alimony per say under Puerto Rico law. The only rights she would have is child support payments and half of all marital property. The child support is determined by calculating the sum of both parties monthly income and then finding said sum in the... Read more »

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1 Answer | Asked in Real Estate Law for Puerto Rico on

Q: Can a sibling sell inherited property without the authorization of all siblings?

9 siblings inherited my mother’s property 4 want to sell the others are opposed. Can they sell the property without everyone’s consent.

Nelson Jose Francisco Alvarez-Aponte answered on Jul 16, 2019

Hello and thank you for using JUSTIA. As per law, no one is forced to remain in a community of property. Thus if one member of the Estate wishes to sell his/her share they can do it without the authorization of the remaining members of said community. Either the remaining members buy said share or... Read more »

1 Answer | Asked in Real Estate Law and Business Law for Puerto Rico on

Q: How do I stop partner from keeping all of the rent from our property in Puerto Rico refusing to pay the taxes?

Nelson Jose Francisco Alvarez-Aponte answered on Jul 8, 2019

Hello and thank you for using JUSTIA. The best remedy is to speak with your partner and explain that taxes are an obligational part of life . One can go to mail for tax evation. If this remedy does not work then you Will have to file a court claim requesting the Court to order the partner to pay... Read more »

1 Answer | Asked in Child Support and Family Law for Puerto Rico on

Q: Child Support through ASUME in PR for 2 kids. the oldest recently came to live with me. How can I proceed about the CS?

I pay Child Support for 2 kids through ASUME in PR, but I'm located in TX. My kids have been living in CT for the last 5 years. My daughter is about to be eighteen, and came to live with me after her High School Graduation, but my son stayed with the Custodial Parent. How can I proceed to change or... Read more »

Jose Rivera answered on Jul 8, 2019

You and the family lawyer that you hire will have to file the correspondent ASUME claims and allegations in your original case in Puerto Rico.

2 Answers | Asked in Family Law and Child Support for Puerto Rico on

Q: We're curious if we are currently living in the states and my husband pays child support here, would he still be.. oblig

Obligated to continue paying if we ended up moving to Puerto Rico? Because the age limit is entirely different from there.

Jose Rivera answered on Jul 8, 2019

If you were to close the child support case in the State that you're actually have your legal residence and move to Puerto Rico while your child is legally underage (under 21 years of age) in the jurisdiction of Puerto Rico, given other requirements, you should be able to hire legal representation... Read more »

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2 Answers | Asked in Child Custody, Child Support and International Law for Puerto Rico on

Q: In puerto rico I'm backed up on child support . Can I be denied visitation of my child?

Nelson Jose Francisco Alvarez-Aponte answered on Jul 4, 2019

Hello and thank you for using JUSTIA. No you cannot. Child support payments and visitation rights are two totally seperate issues and are not based one on the other.

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1 Answer | Asked in Child Support for Puerto Rico on

Q: My child is 18 and has received child support from Philadelphia since she was an infant ..but we have lived in PR for 18

years and in PR she is still a minor until 21.....can the child support case be tranfered from Philly to PR ?

Nelson Jose Francisco Alvarez-Aponte answered on Jul 2, 2019

Hello and thank you for using JUSTIA. You will need to open a new case in Puerto Rico.

1 Answer | Asked in Family Law for Puerto Rico on

Q: My father is incapacitated. Do we need to prove to the courts who he is before we seek guardianship

My father is 95 and we think he may have dementia. He can't take care of himself. He is living in an adult care facility. He doesn't remember his children. His wife just recently passed away. His children all live in the states. My oldest brother has decided to move to Puerto Rico to seek... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on Jul 1, 2019

Hello and thank you for using JUSTIA. You will need to hire an Attorney in Puerto Rico for the process of guardianship. There has to be a record of his birth registered somewhere since he has kids and had a wife so he does exist. Normally these birth certificate from 1920's can be found in the... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on

Q: Gm i have been living in a house own by my father for 18 years. He has his own house. I am 44 years old.

My father is telling Me my partner is not allowed here. Do I have rights to the squatters law?

Nelson Jose Francisco Alvarez-Aponte answered on Jul 1, 2019

Hello and thank you for using JUSTIA. The closest thing to "Squaters law"that we have in Puerto Rico is known as "USUCAPION". The rules are very specific and apply to invaiders of property. You are not an invaider of property thus this would not apply to your situation. Your father has allowed you... Read more »

1 Answer | Asked in Criminal Law for Puerto Rico on

Q: Is a person living in newyork can sue me if i live in puerto rico ?

Hi i live in Puerto Rico I buy a part from a computer on ebay from a seller living in NewYork, i returned the part because it was defective and now the seller is sending me emails saying that he lawsuit me for froud and thief.

I have not sleep in days because what this person doing for no... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on Jul 1, 2019

Hello and thank you for using JUSTIA. Yes they can sue but not in New York. It would have to be in Puerto Rico at the Federal Court since there is a diversity of Residency. You need to verify with E-Bay what the rules are for transactions made on thier site as to place of transaction. Where the... Read more »

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