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  #1  
Old 05-08-2008, 03:47 PM
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Default Common law marriage

Is a man and a woman who were divorced in Florida in the 1990's considered "common law" married if they live in DR for a number of years after the divorce? The man died and the woman is trying to obtain Florida real property in the man's estate filed in Florida based on the DR law. Any help will be greatly appreciated.
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Old 05-08-2008, 07:36 PM
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they were living together in the Dominican Republic?
If memory serves, a relationship that is long lasting, public and recognized by friends is considered to be a valid base for inheritance in the Dominican Republic. In Florida, I do not know, it seems a stretch...I am sure our legal expert Mr Guzman, can provide a clearer picture on this scenario.

HB
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Old 05-09-2008, 08:32 AM
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Default Common law marriage

Yes. they lived for a couple of years together in DR after they were divorced in FLorida. The man had property in Florida and the ex spouse is attempting to get the property based an a "common law" marriage in DR.
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Old 05-09-2008, 08:44 AM
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The woman would have to prove that the relationship was fulfilling the Dominican legal requirements for inheritance, IMO.. I am NOT a lawyer!!!! I just read a lot.

Wait for Mr. Guzman to answer this.

HB
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  #5  
Old 05-09-2008, 08:51 AM
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There is no such thing as a "common law marriage" in the Dominican Republic. Living together is never equivalent to a normal marriage.

However, certain provisions in the Labor Code, the Minors Code and the Criminal Code acknowledge that living together has legal consequences. For example, a worker has the right to a few days off work if his or her companion gives birth to his child; domestic violence to a companion treated the same as domestic violence to a wife. On October 17, 2001, a Supreme Court decision gave a surviving concubine the right to sue for the wrongful death of her companion in an automobile accident under very restrictive conditions: a) the couple must have lived as if they were husband and wife, in a public relationship, not hidden or secret; b) the relationship must be stable and long-lasting; c) the relationship must be monogamous and non-adulterous since its origins ; and d) the couple should be of different sexes. The ruling goes on to say expressly that "marriage and extra matrimonial companionship are not . . equivalent realities”.

Other courts have expanded these rights to other areas but are in the process of appeals. A bill has also been introduced in Congress to create common law marriages. I doubt it will pass since the Catholic Church is dead set against it.
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Old 05-09-2008, 11:33 AM
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THERE, that should set things straight. I did not see any reference to inheritance, did you?

HB
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  #7  
Old Yesterday, 04:22 PM
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Default Yeah, But

Yeah according to Guzman, there is no common law marriage but are one of the limited rights, the right to inheritance?
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