Property filed under name of spouse who developed Lewy body dementia and Alzheimer's. Can property be transferred to the healthy spouse? What rights, if any, do the children of the sick spouse have to the property in question? Do the children need to be considered in the transfer of property... View More
answered on Mar 6, 2023
Under Puerto Rico law, an incapacitated individual's property may not be transferred to another person. Nevertheless, the administration and care of said property may be assigned to another. The healthy spouse would need to incapacitate the spouse suffering from dementia and/or alzheimer, and... View More
answered on Mar 2, 2023
I need additional information to answer your question. Was the money to be used for the real estate purchase received by your wife as inheritance or donation? If so, you'd appear in the sales deed to the sole effect of declaring that you have no participation whatsoever in the funds used for... View More
As the current owner of land in Puerto Rico, am I permitted to lease the land to an individual or entity for the purpose of constructing a dwelling on the property?
answered on Jan 30, 2023
So long as you are the current sole owner of the land, you can lease said real estate to an individual or entity. Nevertheless, a lease contract is temporary by nature. Allowing a third party to erect a permanent structure on your land, of which you're not the owner, exposes you to legal... View More
answered on Jan 19, 2023
Regardless of whom your selling your participation to, the Puerto Rico Notary Law requires a notary to identify the personal circumstances of each person who appear before him/her to subscribe a deed or sworn statement. Each person must demostrate that he/she is of legal age, and provide the... View More
My mom is wanting to sell her house in Puerto Rico and the heirs are myself my sister and my niece (which has taken my late sisters position as heir). She is the only one that has not signed the contract, doesn’t respond to the realtor or the families emails, texts or phone calls. The house is... View More
answered on Jan 19, 2023
The Puerto Rico Civil Code states that no commoner is forced to remain in a property community. If your niece does not want to sell, you can take her to court in an estate liquidation lawsuit. Your mom and the other heirs would be the plaintiffs. Your niece would be the defendant. If she does not... View More
A year ago my deceased parents' property in Puerto Rico was transferred in a Resolucion document to myself and my 5 siblings. I want to relinquish my ownership to one of my siblings or if not possible to have the remaining 5 siblings take equal portions of my ownership. I do not want to be an... View More
answered on Dec 3, 2022
You can either donate your share or reject it by way of a deed poll. If by donation, an additional step is required in the form of a donation filing which must be submitted to the Puerto Rico Treasury Dept. before filing the deed with the Property Registry. Stamps and Tariffs in either deed cancel... View More
A year ago my deceased parents' property in Puerto Rico was transferred in a Resolucion document to myself and my 5 siblings. I want to relinquish my ownership to one of my siblings or if not possible to have the remaining 5 siblings take equal portions of my ownership. I do not want to be an... View More
answered on Dec 3, 2022
That "resolution" you mention must be examined to ensure precisely what it entails. In general, however, the process to relinquish or renounce an inheritance will depend on the year of the passing, given that there is a new recent Civil Code in effect. For instance, if the passing was... View More
I accidentally signed a eContract for selling my house in puerto rico and then notified both buyer and broker 30 minutes afterwards before either of them noticed contract was docusigned and notified them that the signing was a mistake.
And then later same day texted both of them that... View More
answered on Nov 23, 2022
Normal sales option contracts require that a buyer provide an option to take the proposed real estate off the market during the sales term. You may not have received money, but the realtor may have received an option deposit to be kept in an escrow account until the sales deed is signed by the... View More
My parents passed away and left there home in Puerto Rico to all there kids. The past few years my uncle was uncle was living In The home and keeping it up. He just married a woman a couple of months ago and he has recently passed away. Now the woman he was married is refusing to leave my... View More
answered on Nov 18, 2022
First of all, if the real estate property belonged to your grandparents (whom, I assume, are both deceased), either a Will for each grandparent or a declaration of heirs must be procured and filed with the Property Registry, to transfer ownership from your late grandparents to their children. After... View More
Property located in Rincon, Puerto Rico
answered on Nov 10, 2022
In general terms, you should start by procuring either a Title Study or a Registry Certification from the Property Registry, to certify that you appear as owner of the real estate property. Next, you need to retain the professional services of a civil engineer, who'll prepare a plot plan... View More
My brother and I are the heirs of our late parents home and other properties. We just started the process of the Declaration of herederos. He is becoming very agressive with me and his girlfriend is all over my things etc. Can I ask an officer to assist me to the home to remove things from the... View More
answered on Nov 10, 2022
As a matter of law, the answer to your question is relatively straightforward: the property belongs to your late parents until the declaration of heirs has been issued by the court, the estate tax filing has been presented to the Puerto Rico Treasury Department, and you and your brother's... 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.
answered on Jul 12, 2023
If they inherit from their grandmother by representation of their late mom, they are also heirs, and thus must agree to the sale. Should they be under 21 years old, you'll need to procure court authorization to sell the real estate.
answered on Oct 17, 2022
If your father never married, any property he purchased belongs solely and exclusively to him. In Puerto Rico, the common law wife has no rights as to property acquired by your father. Regardless of whether his companion lives or dies, any proceeds from the sale of his property belong exclusively... View More
I am trying to secure title insurance on a Florida parcel of land I purchased in 2008 from the heirs of a deceased resident of Puerto Rico. He deceased in 2000. I have the declaration of heirs and each of the heirs signed my deed. The title insurance company is requesting either a Florida mini... View More
answered on Oct 11, 2022
The certificates you require are not provided by the court. They're provided by different government agencies in Puerto Rico, as described below. The cancellation of stamps & tariffs on the certificates designate them as originals, and are, thus, not notarized (sworn).
Vital... View More
Do I have to sell my portion of the house. Also the lot is pretty big, is that separate from the house?
answered on Oct 6, 2022
The Puerto Rico Civil Code and relevant jurisprudence clearly states that no commoner (co-owner) may be forced to remain in a property community, which is what you and your 3 siblings have. If you do not want to sell your share but have the resources to buy out your siblings, you may do so.... View More
I have a RE contract for $83k purchase price on a Condo in Santurce. Appraisal came in today at $67k. In the contract the seller agrees to negotiate if the appraisal is lower than purchase price.
I have contingencies in the contract for the appraisal amount & me successfully obtaining a... View More
answered on Oct 1, 2022
I'm assuming that you are referring to an options contract subscribed. I advise that you prepare a letter and send it via certified mail with receipt confirmation, whereby you (a) refer to the appraisal amount; (b) refer to the specific contract terms providing for good faith negotiation in... View More
Deed is in both our names and I will relinquish it/ hand it over to him.
answered on Sep 26, 2022
I'm assuming that a real estate property is involved where both you and your ex husband owned jointly while married. If so, the liquidation of the marital community property must be done by way of a deed in which you both must appear signing, either by physical presence or by way of empowering... View More
Town. We want to divide the land and register our parcel separately. How can we accomplish this? Can this transaction happen directly from seller to the two new buyers with each buyer claiming their part of the land? Or does it have to be registered under one person and then be separated? Need... View More
answered on Sep 20, 2022
The property must be segregated by way of a deed. Although this can be accomplished in the sales deed, you cannot segregate a property without procuring required legal permits beforehand. The quickest, most expedient way I recommend would be for you and your sister purchase the land and register it... View More
No will or anything
answered on Sep 17, 2022
No, she cannot sell the house without involving their children. Assuming that the house was bought by both grandparents, your grandmother owns only half of the property, since the other half is to be divided among his children.
If he passed away after the new Civil Code of November 2020,... View More
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