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