I have been separated from my wife for over 15 years, I live in PR she lives in Miami, I bought a house in PR and a car about 5 or 6 years ago, we do have 2 kids together an 19 year old and a 17 year old, if we divorce through court legally in PR does she get to keep half of everything I own and... Read more »
answered on Jun 3, 2022
Greetings:
The inexistence of a prenuptial agreement and other specifications about the assets are really important.
The kids are considered minors on Puerto Rico jurisdiction until they are 21 years of age. So there might be a need to pay child support and establish other regimes... Read more »
Renovation marbete
answered on Jun 3, 2022
Saludos:
El Código Penal de Puerto Rico define el delito de extorsión como "Toda persona que, mediante violencia o intimidación, o bajo pretexto de tener derecho como funcionario o empleado público, obligue a otra persona a entregar bienes o a realizar, tolerar u omitir actos, los... Read more »
My elderly father was coerced by a salesperson (this man was an unexpected guest who tagged along with a "friend's" visit). After 8 hours, the man presented this item (at 12a) and my dad was coerced into buying a $4,000 vacuum. He is elderly, hearing impaired and was exhausted at... Read more »
answered on Jun 3, 2022
Financial exploitation of the elderly is regrettably becoming too commonplace. For the sake of our discussion, I'm assuming that your dad lives alone in Puerto Rico. Does he have any family living in Puerto Rico? A close relative would assist in minimizing the possibility of this scenario... Read 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... Read 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... Read 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... Read more »
answered on May 9, 2022
Greetings:
You will have to request a copy through the clerks civil cases office.
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.
If person lives in PR but case is in Florida can they be deposed?
answered on Apr 29, 2022
Uniform acts such as UIDDA are not self executing. As a rule, a state's legislature must adopt the act by way of local legislation. That being said, depositions from a Florida state civil case can be taken on residents in Puerto Rico. However the deposition must follow the Puerto Rico Rules of... Read more »
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... Read 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... Read more »
answered on Apr 11, 2022
To answer your question, owning the property in fee simple does allow you to enjoy the property and/or cede, donate, or sell it. Nevertheless, if you wish to develop it, either for personal use or for commercial purposes, the facilities you wish to build may require utilities and other facilities,... Read more »
Landlord sent text: Buenos dias. Para informarle que la casa fue opcionada y el comprador debe cerrer el préstamo a fin de este mes. Le informo para que haga los arreglos pertinentes. Me gustaria que confirme que recibio este mensaje. Gracias .
answered on Apr 8, 2022
I have no knowledge of the case you're referring to. If your message is destined for a specific attorney, you should email him or her directly.
My neighbor is doing major earth work on his property for new construction. He excavated a natural drain and installed 32" subterranean pipes, roughly 100' of these pipes are on my property. He has also knocked down a coconut palm tree located on my property. He also excavated a bank... Read more »
answered on Mar 31, 2022
The quickest way would be for you should request an immediate "cease and desist" order from the Municipal Court of the town where your property is located, and request the courts to deliver the order to your neighbor. The Petition should be accompanied y evidence of your title ownership... Read more »
The sales person told them that since they are on social security the services with Claro TV+ in Puerto Rico was free for them. They also signed a document which tied them into a 24 month contract which they were not aware of. Moreover, they went without the TV service for 15 days after signing the... Read more »
answered on Mar 31, 2022
Unfortunately, this is a common practice: a salesperson saying whatever he/she can to close a sale. Leonine contracts such as this also makes it extremely difficult for a persona to wiggle out of, under normal circumstances. Also, these types of contracts unilaterally increase monthly payments each... Read more »
The property currently is completely up to date, no taxes owed and the paperwork to the land was finalized and corrected through the courts in Dec 2021. My question is, someone wants to purchase the home/land in cash and we are not sure what to do. My dad's family in PR is saying that the... Read more »
answered on Mar 30, 2022
Having a buyer with the cash to purchase the property is common. Nevertheless, your question fails to mention the proposed purchase price. First, I would advise your father and aunt to have the property appraised by a professional appraiser in Puerto Rico. The appraiser's report will give them... Read more »
Various times throughout the past 2 years I have tried to contact ASUME by phone and email to no avail. My child and his mother have moved to the same state I reside in and have now lived here for about 4-5 years, however the child support case is still with ASUME in PR where they were living... Read more »
answered on Mar 28, 2022
Greetings:
The case belongs to the jurisdiction of Puerto Rico.
Since the case was filed there, the agency has the prerogative to keep jurisdiction and supervise it till its very end.
Legal age in the jurisdiction of Puerto Rico is reached when the dependent turns 21 years... Read more »
answered on Mar 28, 2022
Your question is too ambiguous for a straight answer. If you wish to request a domain file ("expediente de dominio") before the Puerto Rico courts over a property not currently registered in the public registry, part of the process requires you to procure sworn statements from your... Read more »
All other assets are in and our permanent residence is in FL. The House in Puerto Rico is owned Jointly (JTWRS) with my wife. Per the FL will/revocable trust, my wife will inherit everything but if/when she passes, our three kids will inherit the assets equally, including the PR house. We... Read more »
answered on Mar 21, 2022
Typically, inheritance or probate norms vary depending on where the real estate assets are located. In the case of Puerto Rico, specific inheritance laws are in effect. You need to have a PR-licensed attorney look into your estate, given that we have what is called "forced heirs". The... Read more »
CRIM tells me that the only name on their listing is my father’s therefore my sisters and I are the only heirs. Someone wants to buy the property ( cash sale), according to them once we have the declaration of heirs the property is transferred and there are no closing cost or taxes to be pay on... Read more »
answered on Mar 21, 2022
What you say is not entirely correct.
As a rule, there is no inheritance tax applied. Once the declaration of heirs has been issued by the Puerto Rico courts, you need to procure a certification of value and a certification of debt from CRIM. With these certifications and a copy of the... Read more »
Outside of issuing an addiction notice , We have been in litigation for the last six years the 4 siblings have incurred legal and court fees that’s been a financial burden! Does PR Law support a civil case to recoup financial loses towards the sibling that refuse the sale of the home.
answered on Mar 21, 2022
To answer your question, I'd need to know what sort of litigation has been going on between you and your siblings. Upon the passing of parents who may or may not have granted their last will and testament, Puerto Rico Rule of Law provides heirs the chance to arrive at some form of agreement... Read more »
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