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I live in a private gated community in Puerto Rico with 30 units. The homeowners' association has enforced a no-pet (dogs, cats, etc.) policy that's been in place for 22 years. There haven't been any recent legal actions or challenges against this rule. Is it legal for the community... View More 
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answered on Apr 12, 2025
In Puerto Rico, a homeowners' association (HOA) in a private gated community has the authority to enforce rules and regulations, including no-pet policies, as long as those rules are clearly outlined in the community’s governing documents, such as the declaration of covenants, conditions,... View More
I am facing an issue with a lawyer/notary in Puerto Rico who is failing to provide the "cambio de dueno" form and the signed "escrituras" related to a closing that took place two years ago. The form was supposed to be filed with CRIM within 60 days, but it appears it hasn't... View More
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answered on Apr 12, 2025
If your lawyer has failed to file the "cambio de dueño" form with CRIM in Puerto Rico, you have a few options to address the situation. First, it's important to document all your attempts to contact the lawyer, including emails, phone calls, and any written communication. If the... View More
I sold my house in Carolina with the closing on 12/11/2025. The buyer agreed to pay off the existing mortgage under my name with Banco Popular but has only been making monthly payments instead of settling the full amount to close the mortgage, which is still under my name. The buyer has sent a... View More
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answered on Apr 12, 2025
Under Puerto Rico's property law system, you maintain significant protection through the mortgage lien ("hipoteca") that remains recorded in the Property Registry, creating a legal encumbrance that follows the property regardless of ownership transfers. Puerto Rico's Mortgage... View More
I am a forced heir in an inheritance that I do not wish to participate in, but I cannot renounce it. I am not in agreement with the contract they want me to sign. The inheritance involves a property that four heirs, including myself, wish to sell. The buyer's attorney represents the... View More
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answered on Apr 12, 2025
As a forced heir, you do have certain rights, but your situation is a bit complex since you don’t want to participate in the inheritance. If you can’t renounce the inheritance entirely, you may have the option to accept your share and then transfer it, often through a sale to the other heirs or... View More
I'm looking to sell my house in Puerto Rico to my nephew and will only be here for two more days. I have all the required documents but need guidance on completing the sale process. Additionally, I'd like to sell my deceased husband's car, which requires changing the title in Puerto... View More
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answered on Apr 12, 2025
It’s important to ensure that you follow the legal requirements in Puerto Rico for both selling the house and transferring the car title, especially since you have children who are considered heirs. For the house, if it was jointly owned with your husband or if you are the sole owner, you can... View More
I have lived on a property in Puerto Rico for over 30 years. The hereditary deed holders attempted to evict me, but the case was dismissed in my favor. I have made improvements to the property and maintained it throughout my occupancy. There was a rental agreement between the hereditary deed... View More
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answered on Apr 12, 2025
It sounds like you’ve put a lot of time and effort into this property, and it’s important that you understand your rights in this situation. In Puerto Rico, adverse possession is a legal principle that can allow someone to claim ownership of property after a certain period of continuous, open,... View More
I own a condo in Puerto Rico with an outstanding mortgage and want to sell it to my son for the amount owed on the mortgage. I currently live in the condo but plan to move overseas and have him rent it out. I am concerned about the tax implications, particularly regarding potential income tax from... View More
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answered on Apr 12, 2025
Selling your condo in Puerto Rico to your son involves several tax considerations for both you and him.
**Gift Tax Implications**
Transferring property to a family member below market value is often considered a gift. In Puerto Rico, gifts of real property are subject to gift tax,... View More
Im a disabled veteran who lives in puerto rico.my parents and i are taking out a mortgage to fiance my first home. this is going to be my primary residence. On the loan the borrowers are: my mother, my dad, and me. My question is do i still get an exemption for property tax? Because its coming up... View More
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answered on Sep 13, 2024
It sounds like you're in the process of purchasing your first home, which is an exciting step. Since you’re a disabled veteran living in Puerto Rico, you may be eligible for a property tax exemption. However, these exemptions typically apply to the primary homeowner who qualifies, and the... View More
We were in middle of a contractual purchase agreement when seller died. Sellers family was not aware of the agreement, and believe they have the right to inherent the property and home. Do the descendants have any legal right to the untitled property? Do they have right of possession of the home... View More
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answered on Sep 2, 2024
When dealing with untitled property in Puerto Rico, transferring possession rights can become complicated, especially when the original owner dies. If there was a valid purchase agreement in place before the seller passed away, this agreement may still be enforceable, but it would depend on the... View More
A situation with a divorce and 3 adult children
2 children live in the house old with the mother and the father who lives in another of his properties mentally abuses them all the time making their life miserable also with a strong drug habit that leads in to always ask for money and food... View More
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answered on Sep 2, 2024
It sounds like you are dealing with a very challenging and distressing situation involving abuse, real estate issues, and ongoing threats from a former partner. It's understandable that you and your family feel scared and uncertain about what steps to take next. Even though the abuse... View More
My mother has the paperwork from my grandfather to get over to her name. What could we do?
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answered on Aug 31, 2024
If your grandparents' house was taken by the Puerto Rican government while you were in the process of transferring ownership, it may have been due to a legal action like eminent domain or foreclosure. You should first confirm the exact reason why the property was taken, as this will determine... View More
My parents have a property in Puerto Rico. There's five siblings. Father past away Mother is still alive, who's it belong to? The property is also in an incorporation. One sibling is president in the corporation, my Mother is vise-president and I'm secretary. Should this sibling pass... View More
answered on Jan 8, 2024
The property will still belong to the corporation. As a rule, when a stockholder dies, his/her shares pass on to his/her heirs, unless an existing stockholders' agreement signed by them state otherwise.
And the property would be split among all the siblings. The only surviving child is my father. Would like to know who is now the rightful owner of the house and property. The property is currently vacant and looking to sell it. This property is in Puerto Rico
answered on Nov 2, 2023
You need to verify the real estate property's status in the Puerto Rico Property Registry: were your grandparents' wills filed to transfer ownership to their children (your father, aunts, and uncles)? Assuming that the transfer was completed, an adjudication deed would've need to be... View More
The house is located in Puerto Rico.
answered on Oct 24, 2023
Any real estate property located in Puerto Rico that does not constitute your primary residence is subject to property taxes. If the property currently belongs to your father and is his primary residence, he may have requested a tax exemption from the Municipal Income Collections Center... View More
Separated for years! Perhaps now she’s a forced inherited? She’s an alcoholic, mentally unstable and unable to understand. How can the other living sibling take her out of the forced inheritance to be able to sell the house?
answered on Aug 29, 2023
If the deceased sibling died after November 28, 2020, his spouse inherits along with any descendants he may have left. Now, if the deceased sibling died before November 28, 2020, his spouse would still inherit an annuity equal to a simple share of a third of his estate, equal to what any other heir... View More
Not all can attend so we are using power of attorney. Why would the lawer ask for copies of our driver's licenses. when the notarized documents and the authentication at The Country Clerk's office is done in NY.
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answered on Aug 22, 2023
When selling a house in Puerto Rico and utilizing power of attorney, the lawyer's request for copies of the grantors' driver's licenses is likely for the purpose of verifying the identities of the individuals granting power of attorney. This practice helps ensure the legitimacy of... View More
The lawyerI used who was also a notary was disbarred in 2014.
answered on Jul 19, 2023
Getting a copy of your deed from a deceased attorney in Puerto Rico is complicated. First, you must contact the district or region on the island where the attorney used to practice, called the Notarial Archive ("Archivo Notarial"). Then, after several days of searching for the deed, they... View More
We have spoke to all the neighbors in the area and found the owner to be deceased and the place has been empty for about 6 years or since Hurricane Maria. How can we take the property in good faith. What actions need to be taken.
answered on Jul 18, 2023
Under Puerto Rico Rule of Law, you would need to be in pacific possession of said real estate property, openly, and (in the mind of your neighbors) as if you were the owners of said property. This would need to continue for 20 years, the go before a court of law to request said adverse possession... View More
My father and mother were gifted (via Escritura), a piece of land with a house built on it by them in Isabela, PR by my Paternal Grandmother in 1983. The property was registered but as far as we know from bills from the CRIM and Property Registry they only show my father's name on the... View More
answered on Jul 18, 2023
After November 28, 2020, Puerto Rico rule of law determines that the heirs of an estate are the deceased's spouse and children. Before that date, the estate belongs to the deceased's children with an inheritance lien in favor of your widowed mother (called in Spanish, "la cuota... View More
She still lives in Puerto Rico, and I would like to build her a home on a different property that my brother owns and would like to use some of the monies for the build would I still pay a capital gains tax?
answered on Jul 15, 2023
Unless either real estate property is your primary residence, you'll be paying property taxes. Furthermore, if you reside outside Puerto Rico, the sale of either or both real estate properties will be subject to a 15% retention of the sales proceeds, which will be deposited with the Puerto... View More
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