Legal Question in Real Estate Law in Puerto Rico

Real Estate after marriage?

I owe a house in Puerto Rico that I bought while single, still paying the mortgage. I�m getting married soon and wanted to know what happen with my house, does my future wife own half of the house automatically after marriage? I want the house to still be mine 100% how that works?


Asked on 7/16/06, 2:04 pm

2 Answers from Attorneys

Mark Ortiz-Walter Ortiz & Ortiz Legal Services, PSC

Re: Real Estate after marriage?

When you marry in Puerto Rico, everything that you own up to that point will be yours 100%, to put it in your terms, meaning you will remain the sole owner of your house. Anything acquired after that will be community property, unless it is acquired with property you owned before entering marriage. Unlike Virginia, you cannot sell any part of your property interest to your wife while married, since contracts between husband and wife are expressly prohibited.

If you want your future wife to participate in the house you now own, you would have to stipulate it before marriage.

In conclusion, for you to remain sole propietor of your house, you don't have to do a thing, except get married!

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Answered on 8/01/06, 4:36 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Real Estate after marriage?

If you reside in Virginia, the Commonwealth is a so-called title state (as opposed to a community property state)and any real or personal property which you own prior to your marriage will remain exclusively in your name even after your marriage unless you decide to give or sell all or part thereof to some other person which, obviously, could include your wife.

The above applys to Virginia and things could be quite different in the Commonwealth of Puerto Rico or some other jurisdiction which has community property laws.

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Answered on 7/16/06, 3:59 pm


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