US Laws verses Dominican Laws

missree · #1 10-15-2005, 09:39 AM

A US citizen marries a Dominican in the United States,and the Dominican ownes a home in Santo Domingo.Both spouses moved to Santo Domingo,and the Dominican spouse dies while living there,does the surviving spouse have the legal right to the property? Does the surviving spouse have to go by the US laws or the Dominican laws at the time of death,if there is no will with the present wifes name on it?

HOWMAR · #2 10-15-2005, 10:21 AM

My non-lawyer take on this is that since the surviving spouse is still in the DR and the decedant last lived in the DR, Dominican law would prevail. Whether the marriage was US or Dominican should have no effect since both countries recognize marriages performed in the other. Also, I don't believe a Dominican Will can exclude a spouse from certain properties, including the house, nor does the spouse have to be Dominican.

missree · #3 10-15-2005, 01:13 PM

thank you for your response

HOWMAR · #4 10-15-2005, 01:20 PM

Youdidn't mention that there were children from the husband's previous marriage. They also have a statuatory claim on proceeds from the house as ownership predates the marriage.

asterix · #5 10-15-2005, 03:08 PM

It doesn't matter wether the marriage occurred in the DR or the US, or where any of the spouses where at the time of death. Real Estate Properties are solely governed by Dominican Law.

If spouses were married under community property rules, which is the norm in the DR, it is irrelevant in whose name the property was titled, it belongs to the matrimonial community, and in case of the death of a spouse, the 50% beloging to the deceased spouse goes to his or her heirs. (assuming the property was purchased during marriage since property acquired by a spouse before marriage is not community property).The other 50% will belong to the surviving spouse.

The 50% the estate must go to the children irrespective of the existence of a will ("forced heirship"). For example, in a estate with three children, at least 75% of the estate must be reserved for the children (Art. 913 of the Civil Code).

missree · #6 10-15-2005, 11:41 PM

yes there are grown children from a previous marriage,2 I think,and also a teenager from a previous marriage.

missree · #7 10-15-2005, 11:47 PM

thank you for your response,it answers my questions

rellosk · #8 10-16-2005, 12:30 AM

Quote:

Originally Posted by asterix

The 50% the estate must go to the children irrespective of the existence of a will ("forced heirship"). For example, in a estate with three children, at least 75% of the estate must be reserved for the children (Art. 913 of the Civil Code).

Did you mean in the absence of a will, rather than irrespective of a will?

missree · #9 10-16-2005, 08:34 AM

as far as I know there may be a will but does not have his present wifes name in it.they were married only 5 yrs.he was 59 she is 70 yrs old.don't think he changed his will at all since they had gotten married.

asterix · #10 10-16-2005, 03:21 PM

Quote:

Originally Posted by rellosk

Did you mean in the absence of a will, rather than irrespective of a will?

"Even in the presence of a will".