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Puerto Rico Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Seller is breaching an active RE contract? How to get her to abide by the contract she signed?

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

Rafael  Pagan-Colon
Rafael Pagan-Colon
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

1 Answer | Asked in Family Law and Real Estate Law for Puerto Rico on
Q: Do I have to be physically present to sign/relinquish a deed? I am stateside and ex husband is residing in Puerto Rico

Deed is in both our names and I will relinquish it/ hand it over to him.

Rafael  Pagan-Colon
Rafael Pagan-Colon
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

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Puerto Rico on
Q: My sister and I are about to purchase land in Puerto Rico. All paper work is good and land is clear with the state and

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

Rafael  Pagan-Colon
Rafael Pagan-Colon
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

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Grandfather died.Grandma want to sell home.I want to purchase.Can she sell without involving their children?

No will or anything

Ramon  Olivencia
Ramon Olivencia
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

1 Answer | Asked in Real Estate Law and Estate Planning for Puerto Rico on
Q: My abuelos passed they own 6 acres, an acre to each child how do we claim the forced heir.?

my grandparents left 6 acres 1 to each child. My mother was one of the children she passed away in 2019. I would like to claim her portion how can I do that? there are still 3 living heirs one still lives on the property in the house that is there. And the other is trying to get the property all... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Aug 24, 2022

There are many questions yet to be answered in your request. Did either grandparent leave a will? were declaration of heirs petitions brought before the Puerto Rico courts? were their estates liquidated during your deceased mother's lifetime? Do you have any siblings from your mom? How many... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: Four friends, two of which are a married couple, own property in Puerto Rico. Would a real estate trust be beneficial?

Upon death of one co-owner, it is deisred that the decedents share(s) pass only to the surviving partners.

This is the primary residence for the majority of co-owners.

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

Puerto Rico Civil Code does not allow for donations to be made which may be perjudicial to an heir's share, should the donor die. That being said, a legitimate scenario would be for the two married couples incorporate or establish a commercial society, and transfer the property to the... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: I'm married and the asset in my name, if i set up a trust for my children to inherit, will my spouse have any rights?

Will my spouse's children from his first marriage have any rights to the asset if placed in a trust?

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

After November 28, 2020, a new Puerto Rico Civil Code came into effect. One of the primary changes regarding successions (probate law) has to do with the fact that the spouse is now as much a legal heir as the rest of your children. The Puerto Rico Civil Code also states that a person can donate... 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 Real Estate Law for Puerto Rico on
Q: We own land in PR that has not been lived on in 50+ years. We can't find the deed. We need a copy of the deed.

We do not have the lot number or origianl deed, only a copy of the original plan. We're looking to get a copy of the deed and clean up and build on the land.

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

In order to procure a detailed history of a real estate property in Puerto Rico, we'd need to identify the real estate in the Property Registry and in the Municipal Income Collections Center ("CRIM", by its Spanish acronym). An initial search may be made based upon who appears... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Puerto Rico on
Q: My mom wants to gift her PR home to me (her only heir). What tax/other issues should I be aware of?

My mother is a PR resident (I am not), and wants to gift her home to me before she remarries or dies. She also said she may want to still live in the home after she gifts it to me. She said she would gift the title, but still have it enscribed in her name. I want to accept her kind gift, but I am... View More

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

First off, unless your mother donates the property to you by way of a deed the Property Registry would still register the real estate in her name. Once she transfers the property in fee simple to you, it needs to be inscribed in your name by filing a certified copy of the donation deed and of your... View More

1 Answer | Asked in Probate and Real Estate Law for Puerto Rico on
Q: They purchased 10 acres, My father did not have a will. Co-owner has shown a copy of my father’s death certificate.

They purchased a 10 acre plot of land. The co-owner sold the land without consulting my mother and kept all the profits. My father did not have a will. Before my father death he gave me the legal documents of the property in question, and found out the co-owner has shown my father’s death... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 12, 2022

If your father left no will, a declaration of heirs should've been petitioned before the courts. I would highly recommend procuring an in-depth title study of that property and procure the scanned historic foils (pages) of that property, to research how it got sold. I would need to review the... View More

1 Answer | Asked in Real Estate Law and Probate for Puerto Rico on
Q: Can a property that is co-owned and one of the owners pass away be sold without consulting the deceased family?

After my father’s death in 2001, five months later his friend decided to sell the property without notifying our family, but many years later 2022 we noticed that was done. Is there’s any advice to pursuing this or is to late? This happened in Puerto Rico.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 12, 2022

I'm assuming that your argument implies that said property (whether real estate or not) belonged in life to your late father; and that the sale was somehow illicit. Without additional information, it is difficult to address your question. If the property you speak of is real estate, you could... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My wifes GF died, his kids dont want the house, How can my wife apply or get the property?

My wifes grandfather passed away about a year ago, his kids don't want the house. His wife is still alive but has early stages of dimensia. My wife is interested and 1 cousin of hers what do they have to do the get the property?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 11, 2022

Having your wife's grandfather died after November 28, 2020, his wife (your wife's grandmother?) is as much an heir as your wife's aunts and uncles. Every legal heir must decide whether to accept or repudiate his/her inheritance in your wife's grandfather's estate. Should... View More

2 Answers | Asked in Real Estate Law and Probate for Puerto Rico on
Q: A person passed away leaving property. All siblings want to sell except one. What happens in this case?
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jun 21, 2022

I'm assuming that the reluctant heir does not have the money to buy out his/her siblings and/or has not made a reasonable offer to the other siblings. If that's the case, the Puerto Rico Civil Code states that no co-owner should be forced to remain in community; not even in a hereditary... View More

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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Can I buy in PR one third of a real estate property? Been in it a small house and some land.

The land offered to me is in Puerto Rico, one sole owner, free of any incumbrances or/inheritors claims. On that portion there is a small house and some land that includes . The main house is 120 ft away.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 18, 2022

What legal question do you want answered? Yes, if you have the money, you can buy the house. If you are thinking about buying a 1/3 undivided interest in the property, you had better think carefully about who the other owners will be, and particularly what you would do if you have disagreements... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Is family responsible for deceased father's empty house, in Puerto Rico, when there's is no will? We don't want house.
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 26, 2022

Your deceased father's heirs certainly would be responsible for upkeeping and maintaining his house, as well as paying outstanding property taxes, assuming that they accept his estate in inheritance. Under the Puerto Rico Rule of Law, the estate of a deceased person is made up of his/her... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Can I claim a rights to property next to mine that I have been paying taxes since 2011?

I paid to have it segregated because it belongs to my dad and uncle. We have our part now but next door my uncle has not paid the taxes since 2011 so the state did not take it, I have been paying on it. There is no house on this land. Can I apply for ownership of it?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 26, 2022

The process by which you could acquire ownership of someone else's real estate property in your possession is usucaption. Article 788 of the Puerto Rico Civil Code states that you must be in possession of said property for 10 consecutive years, if you have possession in just title and good... View More

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Puerto Rico on
Q: Rented my home in San Juan PR and the tenant never lived at the home .Lives in Phil. How do I file eviction notice?

Rented my home. Tenant hasn't paid March - May rent and does not live at the place. How do I file an eviction for someone who doesn't live at residence but lives in Philadelphia

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

I'm assuming that the eviction is being made by way of Public Law 86 of 2011 before a Court of Law in Puerto Rico. In that event, a dunning letter should be mailed to the lessee by certified mail to his/her last known address (if Philadelphia address is known, mail to said address). If no... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My sister and I inherited a home from my dad. I want to sell it but she doesn’t. Can she be forced to sell or buy me out
Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 9, 2022

Under the Puerto Rico Civil Code, no co-owner is forced to remain in community. If your sibling does not want to sell the property, she can buy you out. If she does not have the resources to buy you out, you can go before a Puerto Rico court of law and request liquidation of your dad's estate.

1 Answer | Asked in Real Estate Law and Probate for Puerto Rico on
Q: Can I still claim an inherited property after 11 years?

My grandmother passed in 2011 leaving me her house in PR. For many years a cousin, who was the care taker of the house lied and claimed the house had been sold. I recently found out the house and my grandmothers belongings are still standing and have merely been abandoned. Can I still claim this... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 13, 2022

So long as the house is still in your grandmother's estate and you have proof of your hereditary claim, you can still claim the property. I'd advise procuring a title study of the property to confirm that it is still in your grandmother's name. Certificates of value and debt must... View More

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