Servicios Legales de PR (SLPR) GivingTuesday 2021

We share yet another example on how our litigation provides access to justice to low-income individuals.

After the dissolution of the marriage between H.G. and Y.V.P., the liquidation of the community property between the parties remained pending, especially the family residence where the mother, Y.V.P., lived with her two adult children: H.A., diagnosed with moderate to severe autism, and M.K., a university student diagnosed with “Brief Psychotic Disorder.”

Although Homestead status was requested during the divorce proceedings before the Superior Court of Arecibo, the issue was not addressed. The father requested the division of property, which would imply selling the home and potentially losing the family residence, as well as the emotional stability of the young people with disabilities.

Faced with this situation, the mother turned to Puerto Rico Legal Services, where she was represented at the Arecibo Service Center, first in the divorce and later in the division of property. A Motion for Relief from Judgment was therefore filed to address the matter of Homestead, since the hearing required by the Puerto Rico Civil Code was not held. The TPI issued a Resolution for Relief from Judgment.

During the litigation, the right of the children to remain in the family home was defended. Key arguments were presented, such as the needs of the children with disabilities, their economic dependence on the mother, and the responsibility she assumed for supporting the household. In addition, a medical expert report was presented that showed the importance of the family environment for the children.

This family did not have another place to live nor sufficient resources to acquire a new home. The situation was further complicated by H.A.’s condition, as he required the stability that only remaining in that home could guarantee—the place he recognizes as the family environment where he grew up, lives, and maintains relationships with neighbors and friends.

The arguments presented and the strength of the expert report led the parties to consider an agreement. The Court approved the agreements and issued a judgment, granting Homestead status for a term of three years.

This outcome represents a significant victory for the protection of the rights of young adults with disabilities and their families, ensuring their stability and well-being. The mother and her children can enjoy the peace of mind of having a safe home, which for them is not just a house, but their world.

As we thank you for your support, we vow to continue to help those in need of our services.

In 1969, Carmen received a parcel of land in the San Antonio neighborhood of Dorado from her uncle, Miguel. Carmen, a young single mother at the time, built her home on this land and made numerous improvements over the years. Despite her efforts to register the property in her name, she encountered numerous bureaucratic obstacles.

In 2021, Carmen filed an adverse possession claim against the Department of Housing, seeking legal recognition of ownership over the property where she had lived continuously for more than 50 years. However, both the Court of First Instance and the Court of Appeals dismissed her claim, arguing that the transfer of the land was illegal because it lacked state authorization, as required by Puerto Rico’s Land Law.

Unwilling to accept these decisions, attorney López Torres from our Compensated Practice Program (PPC) filed a writ of certiorari before the Supreme Court of Puerto Rico (TSPR, for its Spanish acronym) on Carmen’s behalf. The TSPR overturned the previous rulings and remanded the case to the Court of First Instance for further proceedings. The decision was based on the interpretation (or existing case law) that, although the initial transfer was illegal, the Land Law does not explicitly prohibit adverse possession of state-owned property. This opens the door for Carmen to demonstrate that she meets the requirements for adverse possession and, ultimately, obtaining legal title to her home.

This decision represents a significant victory for Carmen and offers hope to many others in similar situations.

We will continue to support those in need of our services and thank you for helping us do so.