Proteja su hogar de los acreedores en caso de demandas

Cualquier persona en Puerto Rico puede responder con sus bienes presentes y futuros como consecuencia de una sentencia de un tribunal.

La mayoría de la gente piensa que eso no le pasará, pues no pueden visualizar un escenario en que eso sea probable.

Sin embargo, una reclamación o demanda por daños y perjuicios puede surgir por cosas tan cotidianas como un accidente de tránsito, una caída de una persona que le visita en su propiedad o porque su perro se le escapa y muerde a alguien, entre otros.

Para muchos puertorriqueños su único capital es su residencia principal, aunque la misma esté hipotecada. Dicha propiedad podría estar en riesgo si su dueño tuviera que responder civilmente por una sentencia como consecuencia de una demanda. Afortunadamente, en Puerto Rico todo individuo o jefe de familia que esté domiciliado en la Isla, tiene derecho a poseer y disfrutar, en concepto de hogar seguro, una propiedad que le pertenezca y esté ocupada por éste o por su familia exclusivamente como residencia principal.

“La protección de ‘hogar seguro’ tiene como finalidad que cada ciudadano propietario cuente con una protección básica ante el riesgo de ejecución de una sentencia en contra de su residencia”.

Exposición de Motivos de la Ley Núm. 195 de 2011.

¿Quién tiene derecho a la Protección?

Todo individuo o jefe de familia que vive en Puerto Rico.

¿En qué consiste el Derecho?

Este derecho protege a la propiedad de embargo, sentencia o ejecución ejercida para el pago de todas las deudas, excepto:

(a) en casos de cobro de una hipoteca sobre la propiedad protegida

(b) en casos de cobro de contribuciones estatales y federales

(c) en casos de cobro de dinero por deudas a contratistas por reparaciones a la propiedad protegida

(d) en casos en que la persona se acoja a ciertas protecciones bajo el Código de Quiebras Federal

(e) en todos los casos de préstamos, hipotecas, contratos refaccionarios y pagarés constituidos a favor de o asegurados u otorgados por algunas agencias estatales o federales.

¿Por cuánto dinero es la protección?

Es importante señalar que, contrario a leyes anteriores de protección del hogar principal, la ley vigente protege el valor total de la propiedad que ha sido designada como hogar seguro.

¿Qué tengo que hacer para inscribir el derecho a hogar seguro?

Si usted compró la propiedad que constituye su residencia principal a partir del año 2012, solo deberá verificar que en la Escritura de adquisición de la propiedad se le solicitó al Registrador que inscribiera el derecho en el Registro de la Propiedad.

Si usted adquirió su propiedad previo al año 2012, deberá otorgar ante un notario público un Acta de Hogar Seguro para que se inscriba el derecho a hogar seguro en el Registro de la Propiedad.

¿Cuáles son los requisitos para recibir la protección?

Que la propiedad sea la residencia principal de quien solicita la protección y que el propietario no haya designado como hogar seguro ninguna otra propiedad en o fuera de Puerto Rico.

¿Si arriendo la propiedad pierdo la protección?

Si el arrendamiento es temporero y es por cuestiones de salud, estudio, servicio militar o diplomático o trabajo de alguno de los miembros de la familia cercana, no se pierde la protección, claro está, siempre y cuando no se adquiera otra propiedad que constituya su residencia principal.

¿Qué sucede con el dinero producto de la venta de una propiedad protegida como hogar seguro?

Cuando se vende una propiedad protegida como hogar seguro el producto de esa venta queda protegido de los acreedores por un periodo de nueve (9) meses a partir de la venta. Durante ese plazo se permite invertir el dinero en otra propiedad en Puerto Rico para que ésta constituya su nuevo hogar seguro.

¿Qué sucede si inscribo en el Registro de la Propiedad a más de una propiedad como hogar seguro?

Constituye un delito grave de cuarto grado el inscribir más de una finca como hogar seguro, ya sea a nombre propio o utilizando fraudulentamente a terceras personas.

¿Cuánto son los derechos arancelarios para inscribir en el Registro de la Propiedad el Derecho a Hogar Seguro?

La inscripción en el Registro de la Propiedad del derecho de hogar seguro está exenta en su totalidad del pago de cualquier derecho arancelario.

Para más información comuníquese con el Lcdo. Ismael García Ortega a igo@igolaw.net o al (787) 773-1844.

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