Prenuptial Agreements Under Puerto Rico Law – Some Important Notes

June 28, 2015 Leave a comment

Prenuptial agreements under Puerto Rico Law have very stringent requirements, which when absent nullify most if not all prenuptial agreements done outside of Puerto Rico.

A prenuptial agreement in Puerto Rico requires that it be done through a public deed executed before a notary public in Puerto Rico.  The contents and format of the deed are very specific.  Any deviation from the requirements and the agreement would be ineffective.

A prenuptial agreement in Puerto Rico must completed be done BEFORE the couple is formally married.  Once the couple is married, and agreement cannot be created, any agreement cannot be change and not even corrected.  If the agreement is incorrect in anyway, once the ceremony is held and the vows are exchanged, the agreement is what it is.

As a notary, I have had the opportunity to work with many prenuptial agreements.  At times, I have had situations in which partner decided to engage separate counsel to review the agreement and propose changes before its execution.

If you or someone you know with ties to Puerto Rico is getting married and a prenuptial agreement is part of the equation, make sure that a Puerto Rico notary becomes involved; and of course before they walk down that isle.

Yours,

Santiago F. Lampón

Governor of Puerto Rico and Same-sex Marriage – official declarations June 2015

June 26, 2015 Leave a comment

http://www.fortaleza.pr.gov/content/expresiones-autorizadas-del-gobernador-alejandro-garc-padilla-15

This link takes you to the Governor of Puerto Rico official site and his authorized communication on the United States Supreme Court majority decision on same-sex marriages.

The official expressions make sense to me.  The Governor is going to act promptly but cautiously, and will also ask the Puerto Rico Attorney General to direct the required actions following applicable law.  The Governor also states that he will seek approval from the House and the Senate as needed.

Yours,

Santiago F. Lampón

Categories: Uncategorized

Governor of Puerto Rico and Same Sex Marriage

June 26, 2015 Leave a comment

http://m.apnews.com/ap/db_306488/contentdetail.htm?contentguid=V8w3GGuA

The link will take you to an article which reports that, allegedly,  the Governor of Puerto Rico is set to “change the laws” of Puerto Rico in light of the US Supreme Court decision on same-sex marriages.

I do not know if the report is accurate or not, but I will share my point of view.

First, a governor cannot change a law.  The Governor can initiate the process by filing a bill asking the House and the Senate to consider and approve a law making revisions to Puerto Rico marital law articles.

Second, I would expect that the decision by the US Supreme Court– once it becomes final–would operate on itself.  Of course a reconsideration could be filed, and all that is needed is 1 Supreme Court Judge to change sides for the ruling to go against same-sex marriages.  Though unlikely, it could happen.

We need to wait and see on all of the above.  Nevertheless,  I do believe the writing is on the wall.

Yours,

Santiago F. Lampón

Categories: Uncategorized

The time has come – U. S. Supreme Court Landmark Decision

June 26, 2015 Leave a comment

http://mobile.nytimes.com/2015/06/27/us/supreme-court-same-sex-marriage.html?_r=0&referrer

The link above takes you to a New York Times article on the landmark decision by the United States Supreme Court on same-sex marriage.

This just came out a few minutes ago, and I will be reading the decision to understand how we are going to change our legal documents and procedures accordingly.

One caveat though:  I have not read the judgment by the Court, but I am totally expecting that the ruling does benefit those who on a daily basis participate in real estate transactions in Puerto Rico.

Another aspect I am looking forward to understand, is how the change in situation and legal status may apply to individuals who already own real estate property in Puerto Rico in light of our inheritance laws and overall propietary rights.

Truly yours,

Santiago F.  Lampón

Categories: Uncategorized

Establishing Residence in Puerto Rico – Problems and Solutions

June 24, 2015 Leave a comment

The subject of becoming a resident of Puerto Rico has many variables involved.  Through this video I briefly introduce some problems and some solutions.

A Father’s Day Message

June 21, 2015 2 comments

I do not know exactly why, but this time Father’s Day has been quite different for me. 

For whatever reason, as I started thinking about my long departed father I also started finding many similarities between him and many of my friends today, particularly those I see as bein exemplary beings.

It then hit me that “eternity” is a word or concept I did not fully understand– until today. 

My father has always been present in my life even after his death.  Somehow, the fact that he is not here though his body is of no consequence to me.  As far as I am concerned, he is always present and this Father’s Day I believe I have finally understood why; Eternity in this material world manifests itself through production.

It is that which we are actually able to produce which keeps on manifesting itself well beyond the so called death, specifically in the area of help.

My father had plenty of production and many of my friends today are also–like my father during his time–highly effective producers. The fact that I am associated with these individuals, keeps my father’s point if view alive.

Indeed, my father loved to help and understood the importance helping others has in the continuity of our culture, our wellbeing as a society, and the prosperity if anyone’s business and family life.

I just realized that my desire to help comes from my father’s exemplary conduct, and my continued desire to help is keto alive by those like minded individuals I surround myself with.

My father knew as I very well know now, that our desire and ability to effectively help others results in a great legacy for anyone anywhere.

Understand something :  I am not referring to history, since history by definition is something of the past.  I am referring to those actions and that production which creates something here and now which will perdure. This creation involves creating improved conditions of individuals groups, communities and society as a whole.

Hence, to those individuals who on a daily basis produce effective help to others, particularly their children and their families, families and communities as a whole, please keep up the good work and emjoy a happy Father’s Day. You have earned it!!

Sincerely,

Santiago F. Lampón, the proud son of Luis Enrique Lampón from Bayamón, Puerto Rico.

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When is the possession of your property in danger?

June 11, 2015 Leave a comment

Through a few of my posts I have covered the importance of possession, but apparently the subject requires further discussion. 

It is also apparent that this subject is becoming increasingly important in some areas of Vieques and warrants further discussion.  This time, I am going to begin with a question.

What would you do if one day ou came back to your home and found a stranger claiming possession or ownership of your property?

You would not stand by and do nothing, right?   The same standard applies to properties in Puerto Rico even if there is no house or structure built upon it.  If your possession is interrupted you need to take action.

Usually, in my experience, when someone has had its possession interrupted it is because the person did not take care of the property in the first place.  Fortunately there is always an oorotunity to handle rhe situation if confronted in a timely fashion.

Possession is something that requires action of one kind or another.  If it is land, it needs to be cleared with some regularity and the fences kept in good shape.  Of there is a house, even if abandoned it needs to be looked after.  Another option is to have someone visit the property every now and then and report back to you on its condition.

Juat note that you have to do something with your property, or you may be literally leaving the door open for someone else to do something,  regardless if the property is titled or not.

If your possession has been snatched by someone, you can take action to snatch it right back to you, but it requires diligent motion on your part.

As a final note, nothing here is meant to promote the use of violence.  There are many legal tools available to enforce your rights at any given time. 

One note of caution: besides remaining motionless, time can be your worst enemy.

I hope this helps.

Yours,

Santiago F.  Lampón

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