Legal Question in Wills and Trusts in Puerto Rico
Children from previous marriage
I purchased a house in PR with money that I earned but put both my husband and my name on it. I am now concerned that his child from a previous marriage may have rights to the property. I was told by the attorney at the closing that since we are residents of NY and were born and married there, the property may be just in my name and could change it later if I wanted to. If I change it to be in my name solely, will that be voided should we relocate there and will his child from a previous marriage have the right to property that is mine. My spouse is concerned with this issue as well and we seek to find out what can we do to protect this property from having heirs we had not counted on. We would like to consult with an att'y licensed in NY and PR but have not been successful. Any help you can offer is greatly appreciated.
2 Answers from Attorneys
Re: Children from previous marriage
As of now he may have no rights to the property. Second, it all depends on entirety of the circumstances attendant to this issue. However, it all depends on the nature of the regime observed in NY for your marriage. PR conflict of laws statute will only require that the property be divided according to it. However, it cannot supply the nature of the marital regime.
Re: Children from previous marriage
There are ways to structure it so that his children would have no rights to the property, even if your spouse would but since he is currently on the deed you would need your spouse's approval and consent to change it.
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