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Puerto Rico Questions & Answers
1 Answer | Asked in Family Law for Puerto Rico on
Q: I live in Puerto Rico with my daughter. I received a Family Court Summons from Bronx, NY.

I live in Puerto Rico. I was summoned to the Family Court in Bronx, NY, for custody/visitation. My main concern is why this case is going to be examined in NY if my daughter and I lived in PR for almost a year (since March 2021), and before that, she was born and we live in NJ. As per my limited... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Feb 23, 2022

Although you're residing in Puerto Rico for a year does grant Puerto Rico courts jurisdiction over your child, you should not ignore the summons from a New York court. I recommend that you contact an attorney authorized the practice of law in New York and have him or her counsel you regarding... Read more »

1 Answer | Asked in Family Law and Civil Litigation for Puerto Rico on
Q: How can the sale of a house in Puerto Rico be accomplished when one of four inheritors refuses to sell the house.

The probation of the inheritance has been completed. The house was the only property in the inheritance. There were no assets, liabilities or money in the inheritance. Each inheritor receive a different percentage of the house as inheritance. One inheritor received a majority percentage of the... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Feb 21, 2022

When you state that inheritance probation has been accomplished, does this include updating the public registry to reflect the participation and percentages of all heirs? Assuming that this is the case, given the refusal of one of the heirs, your best recourse would be to go before the Puerto Rico... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Hi there, How can i acquire a title for my deceased mothers house in PR?

My mother passed away 6 months ago but always made clear before she passed that the house was to belong to my brother and I after she was deceased. However, because of thw laws in PR when she signed for the house my father had to come from the states to sign off as well. Apparently in PR, if you... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Feb 21, 2022

Under the Puerto Rico Civil Code, if the house was acquired while your parents were married with no prenup, the house actually belonged to the joint conjugal partnership ("sociedad legal de gananciales") formed by your father and mother, which is a legal entity separate from either... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My mother was living in PR but died in the states. I'm trying to buy the house but my dad wont sell for appraisal price.

I'm in the process of buying the house but we need to make a sales contract but my father wants to sell the house for more than what it appraised. My siblines from my moms side resigned from moms inheritance but I did not. Mom also died in the states in 2017 due to health reasons and she was... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Feb 14, 2022

Your mother died under the old Puerto Rico Civil Code of 1930. I'm assuming that the house you speak of was the marital house in which you dad and your mom lived. Should that be the case, your dad is probably 50% co-owner of said property; and the other 50% would belong to your mother's... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: For someone to purchase land in Puerto Rico , must a property survey take place before the closing ?
Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Feb 14, 2022

The answer to your question depends on several factors. For example, if the buyer requires to take out a mortgage to purchase the property, the financing institution will require a recent property survey to have a clearer understanding of the property's value. Even if the buyer has the... Read more »

1 Answer | Asked in Criminal Law, Family Law and Wrongful Death for Puerto Rico on
Q: My father died in Puerto Rico he build a home for us but he has people living inside what can I do to get the home
Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Feb 9, 2022

The first step to taking possession of the real estate property is by establishing whether your late father had granted his Last Will and Testament before dying. Else, I would recommend going before the Puerto Rico courts to petition a declaration of heirs. Once either the Will or the court's... Read more »

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My wife's grandmother has died in Puerto Rico no surviving Husband or Children. Six Grand children and house with Mtg.

The Will she left only mentions giving to three of the grand children. What are the rights of the other 3 grand children with regard to the "forced heirs" inheritance laws in PR? Also since the house has a lien of $80,000 mortgage to the bank, how does that impact any sale or... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Feb 7, 2022

Regarding your grandmother's will, upon the death of her children, her grandchildren become her legitimate heirs in their own right by representation of their parents. Thus, by leaving out three of her grandchildren without explicitly disinheriting them pursuant to the permissible causes under... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My Inlaws do not have a Will and wish to leave the home to one child. Can a Will serve the purpose?

There are 3 living children.

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Feb 4, 2022

I'm assuming that your in-laws live in Puerto Rico; else, I cannot help you. You tell me that your in-laws have three offspring. For the sake of discussion, I'm assuming that none are minors nor incapacitated. The Puerto Rico Civil Code establishes that -absent a will- all three have... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: I have a problem my grandmothers house has been abandon since she died 20 year ago. My mother decided to to live in moms

House I her daughter spent 30 thousand to fix it so my mother can live there. After the house is done two weeks later my mom passes away . Now do I have any rights to the house because I invest 30 thousand dollars in fixing it .

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Jan 31, 2022

At the very least, you certainly have a right to a credit of the $30,000 you spent repairing the property; provided that you have the receipts to prove such expenditures. Regarding any further rights that you may have on your grandmother's and/or your mother's estates, several questions... Read more »

1 Answer | Asked in Family Law for Puerto Rico on
Q: My father had his last will & testament notarized in Massachusetts. He lived in MA at the time of his death.

However, My father has 4 homes on one plot of land in PR. His last will & testament states that one child receives 70% of his estate and the other receives 30%. What is legally required next for the heirs to do?

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Jan 28, 2022

Before addressing the matter of the estate left in Puerto Rico by your late father, a certified copy of your father's will, issued by a Massachusetts probate court, needs to be protocolized via a poll deed by a Notary authorized to practice Notary Law in the Commonwealth of Puerto Rico. The... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My grandparents died and they did not register the property, I have the deed of the property would I be able to register

The property and build if the property was never registered based on Crim?

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Jan 28, 2022

Perhaps. First of all, the deed would need to be verified to determine whether the property acquired by your grandparents was merely a plot of land or whether it included a building. Having deceased both your grandparents, you'll need to go through the succession (probate) process to establish... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: My half brother and I are part owners of a house our father left us but I own majority of the house and I want to sell

If my half brother and I are part owners of a house our father left us but I own majority of the house, can I sell The whole house to my daughter for a very low price? Even if he does not want to sell his part. Can I force the court to agree on selling the house? No one has lived in the house for... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Jan 27, 2022

Several matters need to be addressed through your question. First of all, what you and your brother have are an "pro indiviso" interest in the property, which means that you may only sell your share of the real estate property; but you cannot sell the entire house: not to your daughter;... Read more »

1 Answer | Asked in Child Support for Puerto Rico on
Q: Hi! Can I request copy of college enrollment to Asume? He's 19 & mother says he's in colllege but I'm not sure of it.

Also, is there a way to verify if he is working? I have no contact with him and it's the mother who says he is studying. I recently removed my daughter from child support & nobody ever told me about her grades or if she worked or not. I am paying with no info, I asked to review the support... Read more »

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Jan 18, 2022

Greetings

Yes you can get a copy thought the ASUME website, or request it so you can get it over mail.

Yes, you can request it by using one of the discovery methods in your case.

Th child support payment is established when evaluating several factors, needs of the...
Read more »

1 Answer | Asked in Divorce for Puerto Rico on
Q: Como obtener pruebas de divorcio sin tener las fechas del matrimonio o fechas de divorcio
Jose M. Rivera Santos
Jose M. Rivera Santos answered on Jan 18, 2022

Saludos

Consulte el caso en el portal del poder judicial buscando las partes por su nombre.

1 Answer | Asked in Family Law, Child Custody and Child Support for Puerto Rico on
Q: I live in the states but have a child support case in Puerto Rico. I can never get in contact with anyone.

My balance is outrageous and based off incorrect information. I never got to see the child. Just looking for information on how to go about this situation.

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Jan 12, 2022

Greetings

If your child support payment is based on false information you can always file for review and provide the proper information so the agency can correct the calculations.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Neighbor build a new house on my mom’s property while she was away in the states. What can she do?

Hurricane Maria left my mother’s home unlivable. While she was away, waiting for the home to be repaired, the neighbor knocked down the fence and build his home on her property. Is there anything she can do?

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Jan 3, 2022

Rule of Law in Puerto Rico grants your mother a 1-year term (starting at the time she becomes aware of the invasion) to request the courts to have her neighbor remove that part of the construction that invades her property. After the year, it would be presumed that the neighbor occupies the... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: A family member moved into my home without permission while I'm away for medical treatment. What can I do?
Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Jan 2, 2022

Rule of Law in Puerto Rico states that you can evict him through the Puerto Rico courts within the year from whence you became aware of your relative’s invasion of your property.

As a start, I would send him a written request, delivered via certified mail with receipt confirmation,...
Read more »

2 Answers | Asked in Probate for Puerto Rico on
Q: My uncle passed away in Puerto Rico. He rented a house and likely did not have a will. What legal steps are required?
Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Dec 30, 2021

I'm sorry for your loss. A few questions that need to be answered, prior to addressing your question.

(1) First thing, depending on when your uncle died will determine the circumstances of succession. A new Puerto Rico Civil Code came into effect as of November 28, 2020.

(2)...
Read more »

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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Father selling property to son in Puerto Rico

My father is from PR and bought land for $36k. I have two sisters but he has decided to sell the land to me for $20k. Will this be a legal transaction as I know PR has some different laws when it comes to family and property rights

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Dec 18, 2021

Unless an economically valid reason is declared in the sales deed, the sales transaction will probably be seen by the Puerto Rico Public Registry as a simulated donation, given that your father is selling you the property below value. The transaction may be rejected by the Public Registry for... Read more »

1 Answer | Asked in Criminal Law for Puerto Rico on
Q: What’s the law in Puerto Rico regarding hand guns (fire arms)?
Jose M. Rivera Santos
Jose M. Rivera Santos answered on Dec 2, 2021

Greetings:

Puerto Rico Weapons Law 2020, Puerto Rico Act Law No. 168-2019 from December 11, 2019

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