Acosta v. Registrar of Caguas
Acosta v. Registrar of Caguas
Opinion of the Court
delivered the opinion of the court.
The deed having been presented for record in the Begis-•try of Property of Caguas, the registrar recorded it on February 7, 1919, with the curable defect that it was not proved that the money invested by María Susana Delgado in the purchase of the house belonged exclusively to her.
That decision was appealed from as to the curable defect assigned and is now before us for consideration.
The decision appealed from conforms to the law.
Section 1322 of the -Civil Code provides that “all the property of the marriage shall be considered as partnership property until it is proven that it belongs exclusively to the husband or to the wife.” ITence, when the husband or the wife seeks to record real property as the separate property of either, that statute is strictly applicable. Igartúa v. Registrar of Property, 21 P. R. R. 43, and Batista v. Registrar of Property, 21 P. R. R. 78.
The proof required b^ the code is more than the joint statement of the spouses.that the property belongs exclusively to one or the other. Feliú et al. v. Registrar of Property, 16 P. R. R. 28. And if affidavits are not admissible to prove the private character of such property (Brae v. Registrar of San Juan, 23 P. R. R. 696), a fortiori statements or
In the present case the money invested in the purchase of the house is said to have proceeded from the sale of the half of a house belonging to the wife and from the rents of another house which she had acquired by gift, and the origin of the money could easily be proved because the property referred to is subject to record in the registry.
That part of the registrar’s decision appealed from should be
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.