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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7348
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I am one of six heirs to estate property in Puerto Rico 11

Customer Question

I am one of six heirs to estate property in Puerto Rico for last 11 years. Judge refuses to order the sale or auction because she issued order for heirs to find a buyer beforehand. One heir has refused to sign. Is this legal?
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
I have heard every excuse from three lawyers over the last eleven years including they could not find an appraiser. In 2010 I went to PR and got the appraisal myself..I live in Seattle! Is the legal system in PR that different in basic estate law?
Expert:  Irwin Law replied 1 year ago.

I live in Seattle! Is the legal system in PR that different in basic estate law?

Regarding the situation that you describe, the laws of PR would be the same as any other state, and would give you, as a joint owner, the right of partition. A partition lawsuit means that the property will be divided among the owners, one way or another. If the property is physically incapable of being divided, then it must be sold. If you, as one of the heirs do not make an agreement with the other heirs to buy out your share of the property, then the court definitely will order that the property be sold or auctioned. After the sale or auction, the proceeds will be divided equally among the heirs. I suspect that the judge and the lawyers may be aware of some local problems that may prevent property from being sold this way as a practical matter. In theory however partition simply means a court ordered sale of property so that partial owners may receive the benefit of their interest. I hope that this information is helpful and that you will assign it a positive, 3, 4 or 5 rating.

Expert:  Irwin Law replied 1 year ago.

Hello again. I hope that my Answer has been helpful. If you need more information, please send me a Reply. If not, I hope that you will enter a positive rating for my Answer By clicking on 3, 4, or 5, so that I can receive credit for assisting you. There is no additional charge for doing so. Thanks again for using JUST ANSWER.