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Puerto Rico Real Estate Law Questions & Answers
2 Answers | Asked in Contracts, Civil Litigation and Real Estate Law for Puerto Rico on
Q: Can I sue a contractor in Puerto Rico from Boston for unfinished work?

I paid a contractor around $4,000 to do a job in my condo in Puerto Rico, but he did not perform the work, claiming he has no workers. He is unwilling to refund the money. The contract has a deadline that he failed to meet, and I only have the invoice with payment details. Can I proceed with a... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 15, 2025

Yes, you need to file in Puerto Rico since the work was supposed to be done here and, yes, you can sue the contractor from Boston, so long as you retain legal counsel in Puerto Rico. Furthermore, as a non resident, the Puerto Rico Rules of Civil Procedure mandate that you post a bond of not less... View More

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2 Answers | Asked in Foreclosure, Civil Litigation and Real Estate Law for Puerto Rico on
Q: Concern about foreclosure of a sold home in Puerto Rico, originally jointly owned with deceased spouse, and seeking recovery options.

I am concerned about the foreclosure of my home in Puerto Rico, which was jointly owned with my spouse who has passed away. The bank sold the house without notifying me, and I am unsure whether the foreclosure process was completed legally. Approximately 10 years ago, I relocated from Puerto Rico... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 15, 2025

If the bank executed foreclosure and you were living abroad, they may have successfully processed served you by publishing an edict through a Puerto Rico newspaper. Were that the case, and not knowing your physical whereabouts, 30 days after publication of the edict, the court would have taken... View More

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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Puerto Rico on
Q: Can a landlord evict a tenant to turn rental into Airbnb?

I'm a tenant and received an eviction notice two days ago, indicating that my unit will be turned into an Airbnb. I want to know what rights I have in this situation. Can a landlord evict a tenant to convert a rental unit into an Airbnb? My lease is still current, and I didn't receive any... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 15, 2025

To answer your question, I would need to know: (a) How long have you been renting the property? (b) What does the rental contract say regarding extension of the rental term? (c) How long is the landlord giving you to vacate the property? Assuming that you have been faithfully complying with the... View More

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2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Puerto Rico on
Q: Landlord in San Juan, PR, refuses to return $1200 rental deposit after lease ends; cites personal expenses.

I moved out of an apartment in San Juan, Puerto Rico, and my landlord, who is 82 years old, refuses to return my $1200 rental deposit. He cites lack of funds and expenses from his wife's funeral as reasons. I have a written rental agreement and proof that I returned the apartment in better... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 24, 2025

Unless your relative is an attorney, he/she will have a hard time in representing you before the courts because he/she would lack legitimacy (unless you grant your relative a power-of-attorney.

Also, considering that your cause of action is collection due to a contract violation, and that...
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2 Answers | Asked in Real Estate Law and Estate Planning for Puerto Rico on
Q: Can my father apply for Expidiente Dominio or usucapion for his house in PR?

My father, who is 98 years old, has been living in a house he built 50 years ago on land left to him by his father. He has lived there for over 38 years. Although his siblings have not settled or segregated the property, my father has maintained it solely. He is exonerated from CRIM regarding the... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 8, 2025

Unfortunately, an estate community property is not subject to usucapion by anyone of its commoners. Nevertheless, your father can go before a court of law to request partitioning, distribution, and liquidation of the community estate. He should retain the services of an engineer to prepare a plot... View More

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2 Answers | Asked in Real Estate Law and Gov & Administrative Law for Puerto Rico on
Q: Can the government possess unoccupied heir property in Puerto Rico?

I am an heir to a property in Puerto Rico, and all heirs live in the United States. We have completed the heir lookup and engaged a lawyer. My sister in Puerto Rico mentioned that if the property is not occupied, the government might possess it. How does this affect our ownership rights, and what... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 8, 2025

My first suggestion would be for you to contact your attorney and relay these concerns to him/her. In extreme circumstances, real estate property that has been abandoned, that shows a lack of maintenance, and whose property taxes are not paid *may* result in the property being declared a public... View More

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2 Answers | Asked in Probate, Contracts and Real Estate Law for Puerto Rico on
Q: Property donation implications after recipient's death and transfer in Puerto Rico.

In Puerto Rico, a property was donated to an individual between 2009 and 2013. The recipient passed away at the end of 2013, leaving no will and having no spouse or children, but he did have living parents and siblings. The property was officially recorded under the deceased's name. After the... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 8, 2025

Some donation deeds have a revocation clause, returning the donated property back to the donor in the event of the recipient's death. Before filing with the property registry, a donation tax return should have been filed with the Puerto Rico property registry. Back then, that step could take... View More

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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Terminating a lease

If the landlord wants to terminate the lease, how many days notice and does it have to be in writing and laws when the person is a senior citizen

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 20, 2024

The answer to your question should be included within the rental contract that you both should've signed. As a rule, most rental contracts have a 30-day advance notice clause for termination of the lease.

If the landlord/landlady attempts to evict, and the leasee is an senior citizen,...
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1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: Took a loan to buy a house w/gifted down-payment from a live in partner. Can live in partner claim co ownership later?

Before entering into real estate purchase, live in partner expressed verbally that even though only 1 person was entering a mortgage contract that any contributions made to improve the property will be compensated and accounted for before any profits of sale was split between the two parties. And... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 4, 2024

I am inferring from your question that your then live-in partner does not appear on the sales deed. If this is the case, your live in partner does not have a participation right in the real estate property, although he can have a right to receive repayment of the amount that he provided for the... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Venta de la casa con 8 herederos pero 1 se niega a vender, aunque no vive en la casa

Somos de Puerto Rico, 8 hermanos vivos. Nuestros padres fallecieron y una de mis hermanas se ha hecho cargo de la casa por 12 años, incluyendo su total mantenimiento. Ella ya esta haciendo los tramites para vender la casa, pero una de mis hermanas (que vive en otro lugar), se niega a vender la... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 22, 2024

Los herederos restantes pueden acudir ante el Tribunal del municipio donde se halla la casa, en una demanda de liquidación de comunidad hereditaria. La hermana que no desea vender tendría que ser emplazada (por edicto, si vive fuera de Puerto Rico o si no la pueden ubicar). Al vender la casa, la... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Puerto Rico on
Q: I need an attorney who is licensed in Puerto Rico. We are living in NY

My mother found out that she was left out of an inheritance. There is land in Puerto Rico that belong to her Grandparents and her father and his siblings. Her dad passed away when she was young, but her dad was the eldest son then came all the other siblings. Her uncle was the only child still... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 7, 2024

Your text does not detail how your mother found out about her inheritance. First off, you would need to identify the real estate property in Puerto Rico, procure either a title study or registry certification for the property to understand whether or not it still remains in your grandparents'... View More

2 Answers | Asked in Real Estate Law and Tax Law for Puerto Rico on
Q: In Puerto Rico, what is the legal citation or statute(s) that provided for a “step up” in a home’s value for the heirs.

Mother passed away June 2024. Father passed 10 years earlier. 4 children set to inherit and are having home appraised.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 20, 2024

For a person that died prior to January 1, 2018, the value of the deceased's participation in any real estate property reported in the estate tax return filed for that person is valued at fair market value, typically submitted along with an appraisal of the real estate's value at the time... View More

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2 Answers | Asked in Real Estate Law, Family Law and Probate for Puerto Rico on
Q: How do you solve this property inheritance issue in Puerto Rico?

4 siblings inherited a property. 2 siblings have their own properties. 1 sibling put $8,000 into the inherited property and the last sibling is currently living in the property and is claiming that they now own the property all though they are all on the title.

The sibling that put the... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 30, 2024

The sibling who paid out $8,000 into the inherited property has the right to recover $6,000 from his/her siblings. If an heir assumes exclusive possession of the property in detriment to the other sibling's inheritance rights, any can go before a court of law to request a liquidation of the... View More

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1 Answer | Asked in Real Estate Law, Tax Law and Estate Planning for Puerto Rico on
Q: Is donation a viable option if the land and property on the land does not have a deed? what would be the impact of an

excuted donation when the land and property are not registered? Was the donation process illegal and can the lawyer be held accountable for malpractice if it impacted tax liabilities to all other heirs of an unregistered, unsegregated land belonging to multiple parties?

James L. Arrasmith
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answered on Jul 2, 2024

This is a complex question involving several aspects of Puerto Rican property law, tax law, and legal ethics. I'll break down the key issues and provide some general insights, but please note that this is a situation where consulting a qualified local attorney would be crucial for specific... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Puerto Rico on
Q: Which Department to I check with for unclamed funds from the Sale of a Family Estate in Puerto Rico?

My Grandmother signed some documents while sick in a Hospital in PR and has since passed. Her Family never received a copy of the document signed and her heirs have not received their share of inheritence from the sale of a large multi-acre sale in Puerto Rico. My mother is now up in age and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 25, 2024

Based on the information provided, there are a few potential avenues you could explore to research unclaimed funds from the sale of a family estate in Puerto Rico:

1. Departamento de Hacienda (Department of Treasury):

This is indeed a good place to start. The Departamento de...
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1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: What does this statement signify in laments term on a donation document being drafted for my father who is still alive?

"clarify that they acquire a participation equivalent to _percent in the property described above, in such a way that, from now on, they are all owners of it in community of property. It is noted that all those appearing parties in this act have been warned about the legal effects of the... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 20, 2024

In layman's terms, what the paragraph means is that all of the owners each has a participation of a specific percentage over the entire real estate property, but none has specific ownership. For example, if the property is a house, no one owns the kitchen or the bathroom, etc. A subsequent... View More

1 Answer | Asked in Real Estate Law and Estate Planning for Puerto Rico on
Q: What is the best way to leave property and unsegregated land to desired heirs? Are there any processes that do not

require a declaration of heirs? As an example, can the land be donated prior to death? If donation or a Will is processed, will it still require a declaration of heirs process? when is deciding to submit a donation or Will a good idea? Does it make the overall process easier for the heirs? If no... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 18, 2024

The most control that you have over leaving real estate property, before death, is by donation; after death, conditional to your having left a will before your passing. If you leave a will, the declaration of heirs will not be necessary. Whether to transfer the property via donation or by way of a... View More

1 Answer | Asked in Real Estate Law and Estate Planning for Puerto Rico on
Q: Instead of a Will , is it better to donate the property to your children before death? Note, that the land to which the

property is built on has not been properly segregated and there is no deed yet for the land. The land is to be split across 5 heirs. We are in the process of hiring land a surveyor to plot out the land and hopefully get our land and deeds established.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 17, 2024

You can donate the real estate to your children, assuming that it is done in equal parts and assuming that you have no spouse, since, under Puerto Rico rule of law, the spouse is as much an heir as your children.

If you decide to donate the real estate, both you and your children must...
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1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: is it better to leave a Will in Puerto Rico?

what are the pros and cons? There is real estate property and land that will be inherited by the children regardless if there is a will, but what would by the pitfalls of leaving a will versus not?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 13, 2024

First of all, real estate property in Puerto Rico is subject to the Rule of Law in Puerto Rico, regardless of whether a will exists or not. If you leave no will upon your death, a petition for a declaration of your heirs will need to be presented before the Puerto Rico courts, in the municipality... View More

1 Answer | Asked in Contracts, Real Estate Law, Elder Law and Landlord - Tenant for Puerto Rico on
Q: ¿Qué sucede si un contrato de arrendamiento, promesa de venta con opción a compra, no contiene el pago de una prima?

¿Qué sucede si una persona envejeciente (de 84 años) firma un contrato de arrendamiento con promesa de venta y por desconocimiento, no le pidió al optante el pago por la exclusividad para guardarle la propiedad que le quiere vender? El envejeciente alega que de haberlo sabido, hubiese requerido... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 10, 2024

El Código Civil estipula que se presume que todo adulto es capaz. Si el envejeciente desconocía del proceso, pudo haber solicitado que un abogado de su confianza revisara el contrato de opción previo a firmar. Sin tener a mano el contrato de opción, la otra defensa que tendría el envejeciente... View More

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