Legal Question in Real Estate Law in Puerto Rico
Sale of Real Property
My parents have joint ownership of a home in Puerto Rico. They have been separated for years (not legally), and no one has lived in the home for the past three years. My father now wants to sell the home. Also, my mother wants to name me as an owner of the property. The problem is that my father does not want my mother or me to get any of the money from the sale of the property. He has had offers for the property but refuses to sell for this reason. (I am the only child, and he has no other heirs.) What can my mother do to protect her interest and legal rights in this property?
3 Answers from Attorneys
Re: Sale of Real Property
Your mother can designate you to represent her in these proceedings. Under P.R. Law, married couples both have to sign the deed of sale.
She can divorce, and the claim her share of the property (1/2)
Once the divorce decree is final, she can file for the sale of the property and the proceeds of the sale will be divided 50%-50%.
Re: Sale of Real Property
Puerto Rico is a "community property" jurisdiction, like California. Since I practice in California and not Puerto Rico, I can't give you any specifics, but in broad, general terms you could expect the same legal principles to be applicable in each place.
Re: Sale of Real Property
It is odd that your father may want to sell the home and not give the corresponding share to your mother. It is virtually impossible for him to sell the house in its entirety without your mother signing the deed. This may be because your father has sole title over the house which may have been acquired with or without your mother's knowledge. It is necessary to perform a title study to determine what, if any, of your mother's rights have been inscribed in the Puerto Rico Property Register. That would be the most intelligent approach, and what I would recommend as a first step to asses which is the status of the property as of now.
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