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Puerto Rico Real Estate Law Questions & Answers
1 Answer | Asked in Divorce and Real Estate Law for Puerto Rico on
Q: Hello, I purchased a property prior to getting married, in San Juan. Does my husband need to sign if I want to sell it?

I want to sell but he doesn’t and we are going through a divorce. I live in New York. Does he have any claim towards the property? It is a condominium. Thank you.

Jose Rivera
Jose Rivera answered on Nov 26, 2020

Greetings

If you have a prenuptual agreement and/ or aquired the property prior getting married (like you wrote) the property is privately own by yourself under Puerto Rico property law. But in the absence of a prenuptual agreement, any income might be considered share property. There are...
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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My parents both passed, the house in Puerto Rico was left three of us, but my younger brother went and change the name .

How could he had done that according to the paper in his name is on the house not my name or my other brother how could take him to court plus my parents were in a nursing home here in Bronx.

My sis in law is saying that if I go near her property she will call the police.

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Nov 25, 2020

If your parents did not leave a will, which is the overwhelming number of cases, then that is legally impossible to have happened. In particular, if the inheritance transfer process was indeed completed, the Property Registry will actually require and verify the Declaration of Heirs and can only... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My father has a property in Puerto Rico and died in January 2017. My father lived in New Jersey and left a will.

What steps do I need to take now to sell the house and what are the fees associated with this?

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Oct 26, 2020

It´s difficult to offer an estimate without first looking at the details of your case, particularly the will and the details of the real estate. There are a number of steps to take by the attorney, which, in a nutshell, are: 1) validation of the will, 2) Inheritance Estate Form with the PR... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Does quit claim deed exist in PR?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 15, 2020

Hello and thank you for using Justia. No they do not. Our legal system is based on civil law not common law.

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

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: I own property in Puerto Rico with my mom and she passed away 21 years ago. I have paid the taxes.

I have siblings, are they entitled to our mother’s portion?

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Oct 5, 2020

Yes, your siblings are entitled to the mother´s portion. If you have paid the taxes, then you can arrange with them for a credit on your behalf. It is important that inheritances be transferred and finished promptly to avoid the possibility of extra taxes or problems related to the passing of time.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My mom rented the house to my cousin and he hasn’t pay her rent for 4 month with this one. Is it possible she can evict

Him. She want to make sure she can before she contact him.

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

Hello and thank you for using Justia. Yes she can file for eviction.

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

1 Answer | Asked in Contracts and Real Estate Law for Puerto Rico on
Q: A friend needs to transfer a home to my name that's free and clear because I gave her the money to purchase. What to do

The home isn't purchased yet. Sellers will only sell to her not me. I'm going to give her the money for a cash deal. How could I get a contract with her to protect myself and how do I transfer in my name after the purchase and what's involved

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

Hello and thank you for using Justia. The best and safest way to complete your goal is by making a Power of Attorney in her favor to represent you in the purchase.

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

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Inheritance rules in Puerto Rico

In Puerto Rico my grandmother passed and her 4 children inherited her home. The paperwork and the home were completed and now they are the sole owners. One of the 4 died, now there are 3. The one that passed had a daughter but she passed away as well, but she has a son that is alive.

Does... Read more »

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Aug 23, 2020

Yes, the grandson becomes the 4th owner but that is not automatic since the inheritance transfer would first need to be done for the co-owner that died and also for the daughter as well; two separate probate cases.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My fiance purchased land in puerto rico a year ago and doesn't want it anymore. I will be taking over the payments

My fiance purchased land in puerto rico a year ago and doesn't want it anymore. I will be taking over the payments how do we go about transferring my name as the owner? Are there fees etc?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 19, 2020

Hello and thank you for using Justia. The first thing that needs to be done is to qualify you for the transfer of the mortgage account. If the holder of the note accepts the transfer and/or the substitution of the debtor then a new Deed will need to be executed in your name and then submitted to... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: How do I find out how much a house was sold for 3 years ago? We believe my cousin may have ripped my father off

He is 84 years old and he only received $10,000 from the sale. We believe it was sold for way more money and she kept the difference.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 19, 2020

Hello and thank you for using Justia. You can verify with the Notary Public whom signed the sales agreement. You can also verify with the Property Registry Department and/or CRIM(Property Taxes).

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

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Can my spouse sell our mutually owned property acquired during marriage without my consent?

My wife listed our property for sale without my consent. I only recently found out. It’s been on the market for a year now again without my knowledge. Can a realtor list the property without my consent? Will my spouse be able to sell the home without my consent? We both reside in NJ. Please... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 19, 2020

Hello and thank you for using Justia. Under local laws, both spouses are equal owners and admistrators of the property. As an administrator of the marital society, all acta have to be in benefit of the society. Thus she can hire a Realtor and list the property for sale, however no transfer of said... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Hi, My Brother passed away a year ago. He owned a house in Aguadilla, PR that was paid in full.

Before my brother passed away a year ago he made a will had it witnessed and notarized in his county of residence in FL. In the will he left equal parts of the house enherited to his mother, his niece and his only daughter. His life insurance and bank accounts were left 100% to his mother. How can... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 17, 2020

Hello and thank you for using Justia. Under Puerto Rico Inheritance Laws, one-third of all belongings are reserved for the children. Thus the Testament (Will) made in Florida would not be a legal document in Puerto Rico since it violates the Inheritance Laws of Puerto Rico. Thus under local Law,... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Mother's boyfriend passed away and they shared joint ownership of the home in Puerto Rico. He had no will.

Mother's boyfriend passed away and they shared joint ownership of the home in Puerto Rico. He had no will and now she wants to sell. She was the beneficiary on his 401k. Does she have full ownership of the home now and if not what steps must she go through to sell the home. He does have a some... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 17, 2020

Hello and thank you for using Justia. You first have to define joint ownership. If the property is registered in the Property Registry Department un both names then we have a legal Community Property Society.

Once this is established, an Estate must be created for Probate. You have stated...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Puerto Rico on
Q: Can a parking lot for heavy machinery (trucks, diggers, excavators, etc.) be placed in middle of a residential area?

In a barrio that is mainly residential, a contractor has decided to store his equipment in the middle of a residential neighborhood. At the entrance to the barrio, close to the highway that runs past it, he established a parking lot/junk yard that has suddenly run out of space. He bought another... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 17, 2020

Hello and thank you for using Justia. You will need to consult with the Municipal Code to verify if there is any regulations on this matter. You can also file a consultation request with the Planning Board and the Permits and Regulations Board (ARPE) to verify if the proyecto has Permits for said... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Puerto Rico on
Q: My M-i-L has a property in PR with 2 tenants, neither have contract. She is interested in selling the house. Any issue?

One tenant on main floor and other on 2nd floor is her granddaughter (i.e. my niece) with her boyfriend whom has a child (not my niece's child). What steps can MiL take to sell the property?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 11, 2020

Hello and thank you for using Justia. No contract, no legal issues. Your M-i-l Just needs to list the property and sell it.

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

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My grandparents passed. No will was left. How can my dad get the house in his name?

My dad's brothers aren't interested in the house but also don't want to sign it over. We have been living in this house over 30 years, since before my grandparents passed.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 10, 2020

Hello and thank you for using Justia. You Will need to file in Court a judicial process for Declarations of Inheritors. Once the Court has issued a Resolución, the next step is to file the Inheritance Tax Return requesting a Tax Reléase. With said Tax Reléase the property Inheritors will be... Read more »

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: Hello, my mother in law lost all documents to a property she has in Guayama P.R, How can we go about getting them ?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jul 31, 2020

Hello and thank you for using Justia. She can get all the information related to her property visiting the Property Registry Department or the CRIM Office. Both agencias have web sites for online viewing of the information. You can also hire an Attorney to do the research for her.

If you...
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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: When selling property, Who pays lawyers fees, stamps, etc?. Approximately what are lawyer's fees?. Thank you
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jul 8, 2020

Hello and thank you for using Justia. The Buyer pays costs of original documents and the Seller

pays for the certified copies of the documents.

Please verify the following web page for costs, charges and fees that are invoiced httpp://www.fianzanotarialpr.org/calnota/

If...
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1 Answer | Asked in Real Estate Law, Tax Law and Land Use & Zoning for Puerto Rico on
Q: If a sibling passes prior to parent, are their children entitled to Puerto Rico land inheritance(1/3 law) under PR law?

My mother/aunt-in-law wish to sign over their mothers property in PR to my wife. I have several questions:

1) Their brother died prior to her grandmother, but he had children. Do they have a claim to the property? 2) I am unsure if anyone took care of the inheritance tax, as seen on... Read more »

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

Hello and thank you for using Justia. First off, I thank you for your services to the Armed Forces.

1) The Grand Mother is the "Causante" thus an Estate has to be created in her name. The members of the Estate are your Mother in Law, Aunt in Law and your deceased Uncle in Law. The...
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1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Puerto Rico on
Q: Mom passed in 2005, she owned lots of land and buildings. No Inheritance Tax Return was ever filed.

Is there a tax with interest and penalty due. Value of Estate is around $4m. There has been 3 bad lawyers involved and internal as well as external fighting that has now lasted 17yrs from DOD. I am very concerned about potential liabilities. All born in PR, 3 live in USA and 1 still lives in P.R..

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jun 8, 2020

Hello and thank you for using Justia. Very sorry to read that you have had horrible expirience with the prior three Attornys.

An Inheritance Tax Return must be filed as soon as possible. There will be a Tax liability on the value of the Estate plus penalties and ingrest fees. In addition...
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