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Puerto Rico Questions & Answers
1 Answer | Asked in Family Law for Puerto Rico on
Q: I have a friend who lives in Puerto Rico. She is married but her husband has separated from the home.

He has seperated from the home, his wife, and their daughter who is 8 months old due to his cheating with another woman and possibly another. My friend would like to come to Chicago for a couple of weeks but he keeps threatening her and telling her she is not taking the baby anywhere. She... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Apr 9, 2019

Hello and thank you for using Justia. She can travel for visitation purposes. If the husband denies her, she should file for divorce. I would just purchase the tickets and leave if her intent is to return to Puerto Rico. If not she can go to the court and get judicial authorization to travel.

1 Answer | Asked in Real Estate Law and Probate for Puerto Rico on
Q: My grandmother died in 1991 in Puerto Rico. I had a title search done and they could not find her title.

How can I get a title established? I have a CRIM pin # and account # for her house. I also have

I also have the Departamento De La Vivienda Administración De Vivienda Rural certification.

Thank you,

Nancy Santiago

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Apr 9, 2019

Hello and thank you for using Justia. This sounds very odd that CRIM would have the property accessed without the property being registered. You will need to search all records of past owners of said property to find out what went wrong with your Grandmother's registry of property.

1 Answer | Asked in Child Support for Puerto Rico on
Q: Does the father of baby have to pay support during pregnancy?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Mar 29, 2019

Hello and thank you for using JUSTIA. The civil code doesnot provide for this. Thus There being no laws related to this matter, the father is not obligated to pay support unless he admites that the fetus is his in which case the Court can fix a support payment. You need to prove that the fetus is... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: My husband is buying a property in Puerto Rico which he will put under an established Real Estate LLC which he owns.

If he passes, is this considered community property under our marriage? What kind of will does he have to make to make sure that I receive at least 50 percent of the value of the property? Would it have to be a will from Puerto Rico or will a US will be enough?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Mar 27, 2019

Hello and thank you for using JUSTIA. An LLC corporación is one which does not have stock holders but rather administrators of the corporation. If the purchase is made with money from the marital community then the marital community is the administrator of the LLC and you would be administrator of... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Puerto Rico on
Q: I want to divorce my husband and get custody of my kids, and Social services will not help what do I need to do?

What evidence do I need to get custody from the unsafe environment my kids are in, I cant prove anything because I am stuck in the US in the army and my husband is violent. I am scared the kids will be harmed mentally, and I don't want to go to a custody battle with nothing to show for. He is... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Mar 22, 2019

Hello and thank you for using JUSTIA. Your best move is to speak with your superiores to established you being assigned and deployed at one military base for a set time span that you can take your children with you. The custody in normally always given to the mother. It would be a good to have... View More

1 Answer | Asked in Child Support for Puerto Rico on
Q: The father ir my son lives in Orlando,FL and I have full custody of my son can I use Child Support?

He's very irresponsable and change from job job to job so Asume can't find him.What can I do?He owes a lot and he fills federal faxes using my son's soccial security number without my consent and even de pm that he doesn't send money to our kid.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Mar 20, 2019

Hello and thank you for using JUSTIA. You have the social security number of the father thus ASUME should be able to get you his Tax refund sent to you each year. You can also file a petition against the paternal Grand parents for payments of child support since the father is not paying. Another... View More

1 Answer | Asked in Estate Planning and Family Law for Puerto Rico on
Q: Does Puerto Rico have a "Small Estate Affidavit" or equivalent legal document?

I am trying to close out an account a "poor pensioner" friend of mine had with Wells Fargo. He was resident in Puerto Rico when he passed away. He created a Will with a Lawyer their in Puerto Rico and made me the executor and heir of his estate. In the will he disinherited his children... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Mar 19, 2019

Hello and thank you for using JUSTIA. Puerto Rico does not have a Small Estate process. The only way to liquidated assets of the deceased is by probate through the Court. This is done by filing a petition with the Court.

The first step is to get a certified copy of the Will through the ODIN...
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1 Answer | Asked in Child Support for Puerto Rico on
Q: Why do you I have to pay so much Childsuport if my daughter does not live with her mother and has a baby

And lives with the man his 27 and she 16years old and they live by them Self and the mother is receiving the money

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Mar 13, 2019

Hello and thank you for using JUSTIA. The question should be "Why is a 16 year old minor living with a male of 27 years of age when this constitutes sexual abuse of a minor, child abuse and possible statutory rape if sexual relations were done prior to her 16th birthday."

The...
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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: What happens to the working papers (unfinalized deeds, etc.) of a lawyer when they pass away? How can I obtain them?

The lawyer had prepared deeds for segregation of property within a family

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Mar 9, 2019

Hello and thank you for using JUSTIA. If said documents form part of the lawyer's portfolio then you can obtain them at the "Archivos Notarial". This Office is divided by districts and each district has various municipalities that create the district. Depending where the locatión of... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: How can I put a house for sale in P.R. after getting heir of declaration certified through court?
Ramon  Olivencia
Ramon Olivencia
answered on Feb 27, 2019

No. You need to now obtain a waiver or clearance from the PR Treasury Department by filing an Inheritance Form, also called an Estate Tax Form. Then, there needs to be the transfer of the property rights to the heirs via the Property Registry of PR.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: If I have people living in a house for 3 years and I haven’t renewed their lease in a year, do they have squatter rights

They have been in the process of buying the home but it’s been 3 years and nothing. So I want them out. I rented to them for a year but two years later they won’t leave because they claim to have invested in the home even though the house has not been sold to them as of yet.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Feb 23, 2019

Hello and thank you for using JUSTIA. In Puerto Rico squater's rights are claimable in one of two ways. The first way being in good faith and the second is in bad faith. In your particular situation good faith does not apply since there was a rental agreement. Thus the only way they can claim... View More

1 Answer | Asked in Estate Planning and Divorce for Puerto Rico on
Q: How long does it take to get a court date in Puerto Rico for a divorce?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Feb 19, 2019

Hello and thank you for using JUSTIA. This año depends on what grounds you have filed the divorce under. A mutual consentimiento case is usually one week but a infidelity case can be more than a year. The average usually is 90 days to 6 months.

Once you file the Court automáticamente...
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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: in Puerto Rico is there a squatters rights law ?

if you live there more than 6 months and no contact with owner can one claim that property as theres?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Feb 6, 2019

Hello and thank you for using JUSTIA. There are squater's rights in Puerto Rico but the term is 15 years in good faith and thirty years in bad faith.

1 Answer | Asked in Child Custody, Family Law and Domestic Violence for Puerto Rico on
Q: I was given full custody of my children and the same day that I got the full custody, the mother decided to file for DV

I was given full custody of my children and the same day that I got the full custody, the mother decided to file for Domestic Violence against me. The issue is that her claims are false, she said that the supposed events happened in Pennsylvania, and she lives in Puerto Rico. My home is in... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Feb 6, 2019

Hello and thank you for using JUSTIA. In order for the Court in Puerto Rico have jurisdiction over any event said event has to have taken place within Puerto Rico. An event that happened in Pennsylvania would not be litigated in Puerto Rico. The criminal code of Puerto Rico (33LPRA) clearly... View More

1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Q: Where can I find proof that grandma received child support for son (1940's PR)? She said she never got it, but ex paid

I'm trying to fill in the blanks over here. After 20 years of searching, I finally found my father's half-sister. The story my grandmother told me was that she never got child support from the father of her child and he had friends in the court system so that she wouldn't get the... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Feb 3, 2019

Hello and thank you for using JUSTIA. I am afraid that the records you are searching for no longer exist. Our current system began in 1950 with the creation of the Commonwealth of Puerto Rico and the signing of our Constitution. The records that you are searching for are from a lower court known as... View More

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Busco como resolver lo siguiente: tengo un balloon paymnet que vence en Nov.2019 -no tengo ahorros pero, tengo una propi

edad de valor ; somos retirados y los ingresos no alcanzan para pagar el balloon payment. busco como resolver este asunto.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jan 29, 2019

Saludos y gracias por usar JUSTIA. Deben consultar a un consejero financiero. Algunas alternativas son vender la propiedad que usted menciona; refinanciar la propiedad de valor; hacer un reverse mortgage; refinanciamiento de la propiedad y el ballon payment; declarar quiebras entre otros. Si eres... View More

1 Answer | Asked in Family Law for Puerto Rico on
Q: I live in PR and the father of my daughter in FL in 12 years passes me the maintenance when he wants, what should I do?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jan 29, 2019

Hello and thank you for using JUSTIA. You will need to file a claim for child support and/or incompliance with a child support resolution. You need to claim for a contempt of court order since the father has not complied with his obligation to pay child support. This is all done at your local ASUME... View More

1 Answer | Asked in Adoption for Puerto Rico on
Q: I was adopted in San Juan, PR. My adoptive parents are deceased. How do I request my original birth certificate

I was born in 1958. My adoptive parents lived on the mainland my entire life and I still do.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jan 29, 2019

Hello and thank you for using JUSTIA. If you were legally adopted then your birth certificate will appear under your adoptive parents. You will need to request the birth certificate using your adoptive parent's names on the request document. You can also contact the Family department in Puerto... View More

1 Answer | Asked in Civil Litigation, Criminal Law and Real Estate Law for Puerto Rico on
Q: What are my rights for forced heirs in Puerto Rico?

My dad died in 2002 in Pennsylvania. He was born in Puerto Rico and when he died, him and his sisters inherited their fathers land. Three years ago, my sister and I found out that we were his forced heirs to this land. My dad's siblings, (3 brothers, and 4 sisters), sold the land without... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jan 29, 2019

Hello and thank you for using JUSTIA. You will need to hire an Attorney in Puerto Rico to claim your rights to your inheritance as representatives of your father. First you will have to file a declaration of inheritors for your father's estate. Once you receive the court resolution declaring... View More

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: Im 25. My18 yo brother moved with me to the states. Can my 16 yo sister make the decision to move also and leave her dad

Our mother is very ill.

Their father is unreliable however if our mother were to pass, that leaves him as their sole guardian and no other family to intervene.

I can financially care for both my adult brother and my 16 year old sister.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jan 18, 2019

Hello and thank you for using JUSTIA. Your brother is not an adult until he reaches the age of 21 as stated in the laws of Puerto Rico. As for your sister she also is a minor and as such is the responsability of her biological parents. In order for you to be able to obtain custody of your sibblings... View More

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