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Puerto Rico Questions & Answers
1 Answer | Asked in Divorce for Puerto Rico on
Q: Are there any types of income or assets that are off-limits during a divorce where there's no pre-nuptial agreement?
Naomi Jusino
Naomi Jusino
answered on Apr 18, 2017

Under Puerto Rico laws, if you get married without a prenuptial agreement everything obtained during the marriage (assets or debts) belongs to both spouses, except all you acquired by inheritance.

1 Answer | Asked in DUI / DWI for Puerto Rico on
Q: Can police pull you over for any reason if they suspect you might be driving under the influence, or are there limits to

what they can pull you over for to determine your level of sobriety?

Naomi Jusino
Naomi Jusino
answered on Apr 18, 2017

Yes they can if they have reasonable doubt about your sobriety, for example driving on zigzag, if you assume conduct that violates transit or transportation laws, etc.

1 Answer | Asked in Family Law for Puerto Rico on
Q: I own half of my house with my husband but we have separate bank accounts and credit cards.

If we divorce, do I have to give half of my money?

Naomi Jusino
Naomi Jusino
answered on Apr 18, 2017

Under the laws of Puerto Rico, the answer is yes. If you married your husband without a prenuptial agreement, all of what you have (assets and debts) will be divided by half during a divorce. Otherwise, if you signed a prenuptial agreement, the division will be different.

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: What are my rights as a mother that wants to leave Puerto Rico but the father does not want to sign the permissions?

I'm unemployed to have nothing going for me here to give my son. I would like to leave to the United States to give my son a better life, education, ECT. I really need help on finding out what I should do so I can leave or if I could leave..

Naomi Jusino
Naomi Jusino
answered on Apr 18, 2017

Hi,

Even if the father doesn't gives you the permission to leave Puerto Rico, you can file a case of Custody and transfer of the minor to the US. This will take a while if the father doesn't consent quickly, but the Court will initiate an evaluation of the new residence of the...
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1 Answer | Asked in Estate Planning for Puerto Rico on
Q: My dad passed away. The house was under his name but he married for over 20 years. Who inherits his property?

The house is in Puerto rico

Naomi Jusino
Naomi Jusino
answered on Apr 18, 2017

Hi,

Under Puerto Rico laws, the right heirs of your father are his daughters or sons and the widow. If he made a Will, the document will state who are the heirs.

1 Answer | Asked in Divorce for Puerto Rico on
Q: Can I get a divorce in PR if I've only been here 6 months (Left FL due to fear of husband harming me or my child)?

My husband and I have been separated for 10 months. We have a 8 month old daughter. He has been violent, aggressive towards me in various occasions. I left to Puerto Rico, because I didn't feel safe anymore after the threats of him wanting to kill me. I have been staying with my family for... View More

Naomi Jusino
Naomi Jusino
answered on Apr 18, 2017

Hi,

In Puerto Rico you can initiate a Divorce process under the following:

1) If you got married in Puerto Rico

2) If you didn't got married in Puerto Rico but has resided here for more than one year, or

3) If the reason of the divorce started in Puerto Rico,...
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1 Answer | Asked in Estate Planning for Puerto Rico on
Q: My mother is on a fixed income and is a resident of PR. She can't afford 600.00 for a will. Any affordable options?

I'm looking for a Legalzoom type of self-help option.

Naomi Jusino
Naomi Jusino
answered on Apr 18, 2017

Hi,

The cost of a will in Puerto Rico will depend on the Notary Public that you contract.

There are some options for indigent people such as: Corporacion de Servicios Legales de Puerto Rico an Pro Bono de Puerto Rico.

If your mother doesn't qualify for any of these...
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1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Puerto Rico on
Q: What steps are required to transfer everything into mine and sister's names if mother recently passed w/o a will?

Must the lawyer have copies of checking/saving account info, etc. to complete this process? Can you give an approximate cost to complete the process? I have been told a wide variety of costs and am quite confused about this whole process.

Naomi Jusino
Naomi Jusino
answered on Apr 18, 2017

Hi,

If your mother passed without a will, and if she left estate in Puerto Rico, you will need to initiate a process of Declaration of Heirs. For this process you will need to file a Petition in the court with jurisdiction, present evidence of the Death Certificate, if she was married a...
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1 Answer | Asked in Family Law for Puerto Rico on
Q: My ex doesn't want to send my daughter with me over summer vacation from FL. We signed an agreement. What can I do?

We signed an agreement when she decided to move from PR over to Florida at her lawyers office. The agreement established the pension I send her, it established my approval to move to Florida and my rights to have my daughter 1 month over summer vacation. She came during Christmas break as a... View More

Naomi Jusino
Naomi Jusino
answered on Apr 18, 2017

For all you state, you have the right to enforce all you have settled with you daughter's mother.

You have right of visitation and spend time with her as the agreement signed. If she doesn't comply, you can require her through Court in Puerto Rico and a judge may order her to...
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1 Answer | Asked in Consumer Law, Estate Planning and Real Estate Law for Puerto Rico on
Q: Property Registry, Inheritance and Reverse Mortgage

My mother-in-law is looking to get a reverse mortgage on her house. We discovered that she and her late husband are the people who hold the mortgage, her late husband is the registered owner with CRIM but her parents are the who the property is registered with with the Property Registry.... View More

Robert A. Velez-Montes
Robert A. Velez-Montes
answered on Apr 11, 2017

Most likely a "Declaration of Heirship (Declaratoria de herederos)" , and a form to the Treasury Department needs to be filled in order to register the house in the Property Registry to the heirs. Also your husband can donate his participation in the heirship to his mother. All that... View More

2 Answers | Asked in Estate Planning for Puerto Rico on
Q: Can a notary in Puerto Rico write up a will or does it have to be done by an attorney?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 27, 2017

Was it a notary public or a civil law notary? Apparently Puerto Rico, although a U.S. possession, does have civil law notaries, who can write wills.

But the important question is whether the will is effective. You have posted this question in the Florida law section, so I am assuming you...
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1 Answer | Asked in Child Custody for Puerto Rico on
Q: Can I legally talk to a judge so I can have full custody with my mom and my dad could have visitation rights?

I am currently in shared custody with my two parents but I would prefer to live with my mom and at least allow my dad some visitation rights. Is there a procedure for this? If so then what should I do?

Naomi Jusino
Naomi Jusino
answered on Mar 18, 2017

Yes, as a last remedy and, in some cases, after social workers interview the child, there is a possibility that the minor can be interviewed by the judge. There has to by a reasonable cause or sustanciable controversy for that petition to be accepted by the judge. A child testifying in court about... View More

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: My ex wife and I have property in Puerto Rico and live in Florida, can I use a quick claim form to transfer the property
Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 6, 2017

You would need to use a form deed approved in Puerto Rico. A Florida quit claim deed may not meet the requirements of Puerto Rico.

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1 Answer | Asked in Real Estate Law and Products Liability for Puerto Rico on
Q: Hello, If a house in Puerto Rico is under both spouses name and one dies do the children get part of the property.

House was purchased under 2 peoples names, they each have children from prior marriages and children together , what happens if one dies ?

Michael David Siegel
Michael David Siegel
answered on Mar 2, 2017

Puerto Rican law is based on the old Spanish codes and is nothing like American law. You need to speak with a local lawyer there. Act quick. The phrase possession is nine tenths of the law applies most heavily in places like Puerto Rico.

1 Answer | Asked in Child Custody, Child Support and Divorce for Puerto Rico on
Q: I been living in PR since Nov. w/my daughter. My ex lives in FL & is wanting to file divorce would he have to file here?

I have had my 2 year old under my care since she was born. I have been on and off with my husband the father of my daughter for the past two years. We actually only lived together under my parents household in FL for 5 months since our daughter was born and then we have been separated. I finally... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 28, 2017

November was about three months ago. Under the Uniform Child Custody Jurisdiction and Enforcement Act, which is the law in Florida, the courts of this state have jurisdiction to award custody, because the child has not been in Puerto Rico for at least six months. Puerto Rico has not adopted the... View More

2 Answers | Asked in Personal Injury for Puerto Rico on
Q: I was injured when my neighbor's dog bit me last year. How long do I have to file a claim?
Peter N. Munsing
Peter N. Munsing
answered on Feb 12, 2017

You would want to speak with an attorney now, because they can advise you on medical documentation, etc.I believe the statute of limitations in Puerto Rico is only 1 year! So talk to the attorney now!

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1 Answer | Asked in Workers' Compensation for Puerto Rico on
Q: I was fired when I got back from workers' comp leave because my supervisor says I wasn't lifting what I used to be able

to. Do I have any recourse?

Naomi Jusino
Naomi Jusino
answered on Jan 11, 2017

You may be qualified to file a discrimination claim under ADA.

1 Answer | Asked in Sexual Harassment for Puerto Rico on
Q: Is there a statute of limitations that I have to file a sexual harassment claim before?
Naomi Jusino
Naomi Jusino
answered on Jan 11, 2017

Before what action?

If you are experiencing sexual harassment, either in your work area or any place, you can file your sexual harassment claim and state the damage or harassment with evidence. If you have a witness, and documents that establish your complaint, will be mush better for your case.

1 Answer | Asked in Consumer Law for Puerto Rico on
Q: I just bought a used car but it turns out there are a lot of problems

with it that weren't disclosed at the time of sale - what are my rights?

Naomi Jusino
Naomi Jusino
answered on Jan 11, 2017

The seller (dealer) is obliged to give a guarantee.

Rule 26 of the Consumer Administration in Puerto Rico (DACO) prohibits any dealer from selling a used motor vehicle without providing a guarantee to the buyer. The warranty must cover both parts and labor based on the mileage of the...
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1 Answer | Asked in Child Custody for Puerto Rico on
Q: What is the process for contesting a child custody order.
Naomi Jusino
Naomi Jusino
answered on Jan 11, 2017

Once you receive copy of the complaint via summons, you will have 30 days to answer it and accept or deny it. You will have to file the answer in the Court that has jurisdiction to work with the case and send a copy of it via postal mail to the other parties in the case.

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