In short
Summary eviction is a fast procedure, governed by Articles 620 through 634 of the Code of Civil Procedure, for an owner to recover possession from a tenant or from a precarista holding the property without paying rent. Being fast, it traditionally did not allow title conflicts or other defences to be argued. Act 95 of 2026 opened a specific door: where the defendant claims a community of property exists because they made contributions benefiting the shared home, they may now present evidence to that effect and demand the eviction be litigated through the ordinary route. In addition, in non-payment suits — where Article 627 admitted no defence evidence beyond a receipt or other proof of payment — the court may now receive evidence aimed at showing contributions through a community of property, and the standard to prove them is preponderance of the evidence.
What is it?
It is the right of someone sued in an eviction to say "I put my own into this house" and have the court hear it. Before, the summary procedure closed that discussion outright. Since 2026, if you claim a community of property from your contributions to the shared home, you can present evidence and demand the case move to the ordinary route, where it can be litigated fully.
Who can do it?
The defendant in an eviction who claims a community of property exists because they made contributions benefiting the shared home. The law's statement of purpose describes the typical case: a consensual relationship where one person holds title to the shared family home and the other has contributed over the years for the benefit of that home. The law does not require being married or appearing on the deed: what triggers the defence is having contributed.
Requirements
- Being the defendant in an eviction case.Verified against the official source
- Claiming a community of property exists because you made contributions benefiting the shared home. That is the exact claim the law recognises.Verified against the official source
- Presenting evidence of those contributions. The standard the law sets to prove them is preponderance of the evidence, not a stricter one.Verified against the official source
Documents you need
Cost
Step by step
Step 1: Recognise which procedure you are in
Eviction can be sought through the ordinary or the summary route. The summary one, governed by Articles 620 through 634 of the Code of Civil Procedure, is designed to resolve quickly and therefore limits defences and the joining of other actions. If you were served a summary eviction and you contributed to that home, this law is what lets your evidence in.
Step 2: Raise the community-of-property claim
Article 621, as Act 95-2026 left it, says that in eviction cases where the defendant claims a community of property exists because they made contributions benefiting the shared home, they may present evidence to that effect and demand the eviction be litigated through the ordinary route. Note the verb: the law says "demand", not "request".
Step 3: If the suit is over non-payment, that door opened too
Article 627 said that when the complaint rests on failure to pay the agreed rent or price, no evidence from the defendant would be admitted beyond a receipt or other document showing payment. Act 95-2026 added that the court may receive evidence intended to show contributions through a community of property, and set the standard to prove those contributions as preponderance of the evidence.
Step 4: Understand what the conversion wins and what it does not
Moving to the ordinary route does not mean you won or that you keep the home: it means the court will be able to determine the validity of your claims in a proceeding where evidence can actually be presented and tested. The statement of purpose puts it that way: so the court may determine the validity of those claims. What the law gives back is the chance to be heard, which is what the summary procedure took away.
Step 5: Get legal representation as early as you can
This is a defence raised inside a suit with short deadlines, and the law publishes no terms or forms for invoking it. If you cannot afford a lawyer, this site has a guide on legal aid clinics and on the waiver of court fees for indigency.
Where to do it
Inside the eviction case itself, before the Court of First Instance handling it. It is not a separate application: it is a defence and a demand for conversion raised in that suit.
How long it takes
What to do if something goes wrong
This guide describes Articles 621 and 627 of the Special Legal Procedures Act as Act 95-2026 left them, which is what we read. We did not read the rest of that law — Articles 620 and 622 through 634 — nor the opinions the statement of purpose cites, so we do not describe the summary procedure's steps, terms or remedies. The law publishes no cost or time; converting the case to the ordinary route makes it slower, but the text does not say by how much and we do not invent it. This guide does not tell you whether you will win: it tells you the law now lets you put the evidence in. PRFácil does not give legal advice or represent anyone in court.
Common mistakes
- Believing there is nothing to do because you are not on the deed: what triggers the defence is having made contributions benefiting the shared home.
- Thinking you must be married: the statement of purpose describes precisely consensual relationships.
- Assuming that in a non-payment eviction only a receipt counts: since Act 95-2026 the court may also receive evidence of contributions through a community of property.
- Confusing the conversion with winning: moving to the ordinary route opens the door for the court to determine the claim's validity, it does not decide it.
- Letting the case deadlines pass while you work out the law: summary eviction is designed to move fast.
Frequently asked questions
I am not on the title. Can I do anything?
Act 95-2026 lets a defendant in an eviction who claims a community of property, because they made contributions benefiting the shared home, present evidence of that and demand the case be litigated through the ordinary route. Title may be in the other person's name: what the law recognises is the contribution.
How strong does the evidence have to be?
Article 627, as amended, says the standard to prove the contributions is preponderance of the evidence. That is the ordinary civil standard, not the stricter one.
Why was this law passed?
The statement of purpose cites Lugo Morillo v. Natera Montilla, 2024 TSPR 74, where the summary procedure kept the door shut to evidence of a community of property. The Legislative Assembly describes the outcome: the eviction of a woman after a twenty-seven-year relationship with the titleholder, with four children together, with no chance to present evidence of her financial and domestic-labour contributions.
Official sources
These are the government pages this guide is based on.
- Poder Judicial de Puerto Rico
Poder Judicial
bvirtualogp.pr.gov
Last verified
August 27, 2026
MiPRFácil is an independent informational website and is not affiliated with, endorsed by, or operated by the Government of Puerto Rico or any government agency.
MiPRFácil does not submit applications on your behalf.
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