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Puerto Rico Civil Litigation Questions & Answers
1 Answer | Asked in Real Estate Law, Tax Law and Civil Litigation for Puerto Rico on
Q: I am currently being sued by my ex regarding my half of my apartment in Puerto Rico. My ex is claiming that I abandoned

the property and demanding that I pay for her lawyers' fees. This is not a divorce case. We own a condominium apartment and this is our first home together. We have owned the property for a year now. I paid more than half of the apartment cost, yet we still own it 50/50. I left said property... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

When you decide to donate your half of the property in Puerto Rico to your ex, there could be tax implications depending on the value of the property and the laws in place. In Puerto Rico, the donation of real estate is subject to the payment of a donation tax unless specific exemptions apply. This... View More

1 Answer | Asked in Civil Litigation, Contracts, Elder Law and Landlord - Tenant for Puerto Rico on
Q: What is just cause to terminate a contract of promise to sell a property?

My mother, in Puerto Rico, was evicted from a house she rented, and she promised her property to a tenant with a promise of sale, but my mother, 83 years old, needs it to live in. Can her eviction and her age be just cause for not selling the property and recovering it? Additionally, the tenant... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 25, 2024

In principle, destructing parts of a leased real estate property, especially if the rental contract has a clause against it, may be grounds for cancelling a lease and evicting the tenant. Your question does not state whether the tenant is the person with whom your mother signed the contract promise... View More

1 Answer | Asked in Child Support, Civil Litigation and Family Law for Puerto Rico on
Q: Husband is double charged with 2 different child support agency’s. PR and Massachusetts

My husband has a son who is 20 years old. He resides in Massachusetts since the age of 5. The mother had an order of child support through assume but when she moved to Massachusetts, she opened on there. We paid child support to her trough Massachusetts and once the child turn 18 it stopped. But... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 6, 2023

If you live in North Carolina, I suggest that your husband retain the services of a Puerto Rico attorney. So long as ASUME is not informed that the 20 year-old's case was transferred to Massachusetts, they'll continue recognizing the amounts owed and surcharges will continue to... View More

1 Answer | Asked in Civil Litigation for Puerto Rico on
Q: I let a friend borrow $1200 she lives in Guaynabo. She made two payments but has defaulted. Can I file a claim? How?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 18, 2022

To answer your question: Yes. You can file a claim, in the form of a collections lawsuit, with the Guaynabo Court of First Instance, under Civil Procedure Rule 60. The claim must be filed with a sworn statement, avowing under oath that the allegations in the lawsuit are true and correct. You must... View More

1 Answer | Asked in Civil Litigation for Puerto Rico on
Q: Can someone win a small claims lawsuit against you in Puerto Rico without any evidence?
Tim Akpinar
Tim Akpinar
answered on Nov 1, 2022

An attorney who practices in Puerto Rico could answer best (see the linked text "Show More States"), but your question remains open for two weeks. However, the answer is essentially the same anywhere in the world. Someone needs evidence. It doesn't necessarily mean elaborate and... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Civil Litigation for Puerto Rico on
Q: Para ley de Puerto Rico ¿Cómo puedo proceder a vender una casa (soy albacea y heredero del testamento) ... vea abajo:

¿Cómo puedo proceder a vender una casa (soy albacea y heredero del testamento) cuando uno de los herederos (total de 6 herederos directos) ha tomado posesión de la casa y se niega a aceptar cualquier venta de la propiedad?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 23, 2023

Primer paso (si ya no lo ha hecho) debe ser solicitar, mediante Petición al Tribunal, que se expida carta testamentaria a su favor como albacea. Para esto, debe otorgar declaración jurada aceptando usted el cargo de albacea. Esta declaración jurada se envía al notario que autorizó el... View More

1 Answer | Asked in Civil Litigation for Puerto Rico on
Q: Esta ley se circunscribe al los negocios, oficinas y tiendas que ubiquen dentro de las facilidades del centro comercial?

No aplica a oficina o establecimientos fuera de las facilidades del centro comercial? Es correcto? Yo como dueña de una oficina de servicios fuera de una ubicación considerada centro comercial no estoy sujeta a la aplicabilidad de esta ley, es correcto?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 19, 2022

No tengo manera de responder a su pregunta sin conocer a qué ley se refiere.

1 Answer | Asked in Civil Litigation, Civil Rights and Construction Law for Puerto Rico on
Q: ¿Es obligatorio cubrir la 1/2 de los gastos de reconstruccion de una pared medianera?

Una de las partes implicadas construyó la pared medianera hace varios años. La otra parte que no aportó a la construcción alega el muro esta cediendo. El muro no ha sido examinado por un perito en construcción y aparenta estar en buen estado. La parte peticionaria solicita al Tribunal la parte... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 6, 2022

La respuesta a su pregunta depende en dónde se construyó la pared medianera. Si se halla en el terreno de una de las partes, ese dueño es quien debe asumir el costo. Si se halla en el medio exacto entre ambas propiedades (o sea, que la pared medianera toca ambas propiedades, ambos dueños... View More

1 Answer | Asked in Civil Litigation and Real Estate Law for Puerto Rico on
Q: Brother is heir of 3 parts of house same brother also purchased land from Municipal can another heir make brother sell

8 heirs, 2 of 8 gave their rights of property to a brother. That brother bought the land the house is on from the Municipal. Can other heirs make brother sell the house and land

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 18, 2022

The Puerto Rico Civil Code states that no co-owner can be forced to remain in a property community. Any one of the remaining 5 heirs with a vested interest in the real estate property may go before the Puerto Rico courts to force a sale of the property, unless the heir with a majority share buys... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Puerto Rico on
Q: Cobro obligado en el marbete por $5 "donacion" Roberto clemente es extorcion.. como puedo demandar?

Renovation marbete

Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2022

Saludos:

El Código Penal de Puerto Rico define el delito de extorsión como "Toda persona que, mediante violencia o intimidación, o bajo pretexto de tener derecho como funcionario o empleado público, obligue a otra persona a entregar bienes o a realizar, tolerar u omitir actos, los...
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1 Answer | Asked in Real Estate Law, Civil Litigation and Estate Planning for Puerto Rico on
Q: I thank you in advance for your time.This is regarding a home in Puerto Rico which my parents left to five siblings.

Outside of issuing an addiction notice , We have been in litigation for the last six years the 4 siblings have incurred legal and court fees that’s been a financial burden! Does PR Law support a civil case to recoup financial loses towards the sibling that refuse the sale of the home.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 21, 2022

To answer your question, I'd need to know what sort of litigation has been going on between you and your siblings. Upon the passing of parents who may or may not have granted their last will and testament, Puerto Rico Rule of Law provides heirs the chance to arrive at some form of agreement... View More

1 Answer | Asked in Family Law and Civil Litigation for Puerto Rico on
Q: How can the sale of a house in Puerto Rico be accomplished when one of four inheritors refuses to sell the house.

The probation of the inheritance has been completed. The house was the only property in the inheritance. There were no assets, liabilities or money in the inheritance. Each inheritor receive a different percentage of the house as inheritance. One inheritor received a majority percentage of the... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Feb 21, 2022

When you state that inheritance probation has been accomplished, does this include updating the public registry to reflect the participation and percentages of all heirs? Assuming that this is the case, given the refusal of one of the heirs, your best recourse would be to go before the Puerto Rico... View More

1 Answer | Asked in Banking, Civil Litigation and Contracts for Puerto Rico on
Q: How can I close my dad’s bank account and used money to pay off his funeral expenses?

My dad passed away 2 years ago in TN but he had his bank account and house in PR. He has a bank account in PR which I was authorized to used and I had power of attorney from PR while he was alive. I paid for his funeral even though he has 7 children. After paying via loans my half siblings (4) do... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 11, 2021

First off, you would need your dad's death certificate. If he granted his last will & testament, a certified copy of the will must also be provided. In the absence of a will, a petition should be filed with the Puerto Rico courts (depending on the city where the house is located) to... View More

1 Answer | Asked in Civil Litigation for Puerto Rico on
Q: How long do I have from the time of default to file suit against someone who has defaulted on a written contract?

It is currently at $6,000.00 and they have not made a payment in nearly 7 months.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 25, 2020

Hello and thank you for using Justia. This depends on the subject of the contact and it's contents. If it is a personal debts such as rental agreements, loans, etc. has a time bar of 15 years. To find other Statutes of limitaciones please refer to the following link,... View 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... View 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...
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1 Answer | Asked in Civil Litigation for Puerto Rico on
Q: Can a Class Act sue be done againt Asume de Puerto Rico? Or something in general to bring to light what going on

I have notice many father in the USA are suffering due to Asume lack of professionalism. Many have try resolving this issues of child support payments/arrears etc., with no success and have suffered for it, losing homes, jobs, etc...because they cant keep up with payments and payment that excess... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Feb 3, 2020

Hello and thank you for using Justia. To file a class action suit against a Government and/or it's agencies is a very expensive and burdenous venture to under take.

Attempting to resolve a matter with ASUME on your own has proven over and over again to be a fruitless process. ASUME...
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2 Answers | Asked in Civil Litigation, Contracts, Estate Planning and Family Law for Puerto Rico on
Q: Uncle is trustee of family land. Dad passed, trustee didnt pass to his children. How can I get added to my family trust?

Uncle is real estate agent and has created a trust to place all siblings portions of the land into. However as my father has passed no action was taken by the trustee to include his children. He was not married and died in Puerto Rico. I sense my inheritence is being robbed by my dads siblings.

Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 30, 2019

If you're member of a trust where your uncle included everyone of your siblings, including yourself, chances are that this was perpetuated by a procedure in a Court of law. Feel free to give us a call and contact our offices.

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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... View More

Nelson Jose Francisco Alvarez-Aponte
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... View More

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1 Answer | Asked in Civil Litigation, Criminal Law and Real Estate Law for Puerto Rico on
Q: What are my rights for forced heirs in Puerto Rico?

My dad died in 2002 in Pennsylvania. He was born in Puerto Rico and when he died, him and his sisters inherited their fathers land. Three years ago, my sister and I found out that we were his forced heirs to this land. My dad's siblings, (3 brothers, and 4 sisters), sold the land without... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jan 29, 2019

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... View More

1 Answer | Asked in Contracts, Civil Litigation, Landlord - Tenant and Small Claims for Puerto Rico on
Q: How much does it cost to file a small claims case in Boquerón, Puerto Rico?

Is it proper to file in small claims court to be released from a rental contract paid 1 year in advance? There was a breach of contract by landlord. We're looking to get our rental fees for the rest of the term of contract.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Nov 15, 2018

Hello and thank you for using JUSTIA. The case needs to be filed in the district court due to the amount and matter being claimed. You would file a breach of contract case. The costs are $750.00 retainer and 20% of the amount recovered. The amount placed by the court as legal fees would be... View More

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