Maldonado v. Registrar of Property of Arecibo
Maldonado v. Registrar of Property of Arecibo
Opinion of the Court
delivered the opinion of the Court.
Magdalena Jiménez Sotomayor, after obtaining a divorce from her husband, sold to Everaldo Maldonado her undivided interest and rights in a certain parcel of land which had belonged to the conjugal partnership. The deed contained a recital to the effect that the assets of the conjugal partnership had been liquidated extrajudicially and that a certain part of the land in question had been allotted to the wife. This portion or subdivision was also described in the instrument and the purchaser agreed to accept and did accept the same as equivalent to the undivided interest and rights actually conveyed to him. A registrar of property refused to record the deed because Fidel Alvarez was not a party thereto. Muñoz v. Registrar, 41 P.R.R. 672, is cited in support of this ruling.
The deed did not purport a conveyance of the land alleged therein to have been allotted to the wife. It did not attempt to bind and did not bind the divorced husband in any way.
The ruling appealed from must be reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.