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Cubans Living Abroad Can Now Inherit Properties in Cuba

Monday, June 17, 2024 by Ethan Navarro

Cubans Living Abroad Can Now Inherit Properties in Cuba
Properties in Cuba. (Reference image) - Image © CiberCuba

The National Assembly of People's Power of Cuba (Parliament) introduced a new Migration legislative project on Tuesday, offering specific provisions for Cubans residing abroad who inherit properties in the Caribbean nation, even if they have been outside the country for more than 24 months.

According to the legislative text, Cubans living overseas have the right to inherit properties in Cuba, regardless of how long they have been away. This issue has garnered significant interest among expatriates and has been a constant concern.

The document states that despite residing abroad for more than 24 months, Cubans can retain inherited property in Cuba, with no provisions in the proposed law indicating automatic loss for this reason.

In the section related to the regulation of inherited property, the text specifies the need to comply with legal and administrative procedures to register the inheritance and secure ownership. This includes submitting the necessary documentation to the competent authorities in Cuba.

Additionally, heirs must fulfill any tax obligations associated with the inheritance, such as paying property taxes.

Although property ownership is not automatically lost after being abroad for more than 24 months, it is necessary to adhere to certain regulations established by the Cuban government to maintain these rights. Properties must be properly registered, and the owner must stay up-to-date with any administrative requirements.

Cubans living abroad can access consular services to help manage their properties and other legal matters in Cuba.

New Migration Legislative Project

The new Migration legislative project aims to regulate the migration process amidst one of Cuba's most significant crises in this area. The regime claims it was designed with a systemic development approach to achieve a regular, orderly, and safe flow, according to the state-run Prensa Latina.

As a novel change, the project eliminates the 24-month stay limit abroad and the designation of migrant for this reason, based on the new definition of effective migratory residence and other essential aspects.

"Effective migratory residence is the condition achieved by Cuban citizens and resident foreigners when they spend most of their time each calendar year, prior to the certification date, in the national territory, or through a combination of a stay period and other material evidence demonstrating attachment to the country," the text defines.

The 24-month limit abroad has been extended by the regime since the coronavirus pandemic, when thousands of Cuban emigrants could not return to the island.

Understanding the New Cuban Inheritance Laws

Here are some frequently asked questions and answers about the new inheritance laws for Cubans living abroad, aiming to clarify important aspects of the legislative changes.

Can Cubans living abroad inherit property in Cuba?

Yes, Cubans residing overseas have the right to inherit properties in Cuba, regardless of how long they have been outside the country.

What are the legal requirements for inheriting property in Cuba?

Heirs must comply with legal and administrative procedures, including submitting the necessary documentation to the competent authorities and fulfilling any tax obligations associated with the inheritance.

Is there a time limit for staying abroad that affects property inheritance?

No, the new legislative project eliminates the 24-month stay limit abroad, allowing Cubans to retain inherited properties regardless of their time spent outside the country.

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