Liquidation of community property

After a divorce, if there is property in common, it is necessary to make legal arrangements for its liquidation or transfer. This is commonly known as the "liquidation of community property" or "liquidation of community property" or "assignment of rights" or simply "assignment".

What to do after a divorce?

It is important that after a divorce decree is issued, steps are taken to comply with the court's order. Typically, when there is real property (house, apartment, farm, etc.), it is divided between the parties and approved by the court in writing.

However, such division or transfer is not automatic. Therefore, it is essential that this stage is worked by a lawyer who can make the transfer.

Otherwise, there is a risk that the community property may have some situation that affects either of the divorced parties. These liabilities include mortgage payments, contributions, repairs or damages to the property.

What is the first step to liquidation?

The first step is for you to send us a copy of your divorce decree as part of the form to be completed at the bottom of this page.

If you do not have it, you can order through us what is known as a certified copy. However, this procedure takes 30 days to be processed by the courts of Puerto Rico.

What happens when there is a mortgage?

If the real estate is still under a mortgage, it is not automatically transferred. For such a transfer, you must follow the steps indicated by your financial institution.

If you have received any written communication from the financial institution, it is important that you include it as part of the Form to be completed at the bottom of this page.

What are the other steps?

The next step is to do a title verification at the Land Registry.

If the above is in order, we will have to see the date of the Judgment and what it establishes. Based on the Judgment, we will be able to see if the court has already "ordered" the transfer of the property in the Land Registry. By means of this option, we will be able to simply present what is known as an "Instancia" to the Land Registry.

Otherwise, a new deed will have to be drawn up, following the same procedure as if it were a Sale and Purchase.

The last step will be to file an application for change of ownership at the Municipal Revenue Collection Center (CRIM). In addition, if a new deed has to be prepared, then the attorney will have to file with the Treasury Department an "InformativeForm on Transfer of Real Estate".

What is the cost to do this process?

It depends. Because each case is different, we must first examine what the divorce decree or judgment says.

It is important to note that this type of transaction involves fees to be paid to the government, which will be calculated based on the share or value to be transferred.

For a free estimate, remember that you must first fill out the form below.


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ATTENTION: The only way we can evaluate your case is through this form. It is important that you answer all questions completely in order to make a preliminary examination and prepare an estimate (free of charge) as each case is different. Incomplete forms will not be considered.


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