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New law lets homeowners keep their property after emigrating

Owners living outside Cuba must appoint a legal representative and meet obligations connected with their home.

2 min read

Editorial visual recreation for a new law allowing homeowners to keep property after emigrating from Cuba
Illustration: Malecón90

Law 187/2026, the Housing Law, changes the effect of emigration on home ownership in Cuba. People who settle abroad may retain title instead of losing it automatically because they live outside the country. The law also establishes a condition for absent owners: appointing a legal representative. The change combines continuity of ownership rights with new responsibilities for a person living elsewhere.

The obligation to appoint a representative applies to people who live outside Cuba and retain a home on the island. The rule does not eliminate responsibilities connected with the property: owners who keep the home must meet the applicable obligations even if they no longer live there. The law therefore establishes both the possibility of retaining title and the requirement for legal representation during the owner's absence.

The National Assembly approved the law on July 30, 2026. It was published in the Official Gazette on October 14 and took effect on October 21, seven days after publication. That date marks the start of the new framework for property owners living abroad under the schedule established for the law.

Attorney Raudiel Peña Barrios of Cubalex explained that the law allows people who emigrated to retain ownership of their home. His explanation emphasizes a specific difference: residence outside the country no longer results by itself in automatic loss of the property. Title can be preserved even when the owner does not remain in Cuba.

That continuity does not mean the owner is disconnected from the home. The law requires appointment of a legal representative and continued attention to the obligations associated with the property. The condition applies to people living abroad who retain property in Cuba; the change recognizes that they can remain owners despite residence outside the island.

The amendment distinguishes between emigrating and automatically losing property: the first event no longer determines the second on its own. For absent owners, keeping the home is tied to legal representation and compliance with obligations connected to the property. Law 187/2026 took effect on October 21, 2026, and regulates that situation for people who retain a home in Cuba while living abroad.

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