What happens when the wife dies?

[kevadair]

This was a follow-up question on another thread, but it never received an answer from any of the Dominican lawyers on the forum, so I'm posting it again. (I'm wondering if this situation is enforced differently in different regions of the country which could be why something that is obvious by Canadian or US law is difficult to answer in the DR.)

Here's the situation:

A Dominican husband and wife buy property and have children together. Only the husband's name is on the title of the property.

The wife dies.

Does the husband (widower) have the right to sell all of the property that he shared with his wife (as is the case in the US and Canada), or can the husband (widower) only sell half of the property because the other half is actually owned by his children?

I believe this question is of sufficiently general nature to be of interest to this forum.

Thanks.

Kevin

[AnnaC]

Maybe this thread will help answer your questions.

[kevadair]

Thanks, AnnaC for referring me to the excellent previous answer from Lic. Guzman.

It amazes me that more isn't made of this issue. A seller in the DR can present a fully legal title, with only his name on it, with no liens or other problems to it. I would imagine the property lines could be clear, and it could even have a deslinde after going through the complete process to get one. (Because that is only regarding where the property is, not who owns it, right?)

He could even be married, and have his current wife sign the bill of sale.

But if he actually acquired the land when he was married to someone else who died years before, and he has living offspring, he only owns half of the land that he is selling you.

And, if your lawyer does not catch this fact, you could fully pay for land that someone could later take half back from you. Meanwhile the seller is long gone with your money.

Or, better yet, the family could just wait, without you knowing. You could build your house on the land. The seller dies leaving the money you gave him to his kids, and then those kids can sue you for half of your house. They can afford a great lawyer -- they are suing you with your money!

How can anyone ever be sure of land that they buy in the DR? Sure, trust your lawyer, but if he slips up, I'm sure he's not the one to pay you back for half of your house. Yikes!

Is this ingenious law (that allows a clear legal title to obscure who really owns the land) a gift from the French, or is it a local invention?

[Bayx-**]

What happens if the title is in both spouses’ names and they both die? Leaving two children from different marriages.

Bayx

[kevadair]

Originally Posted by Bayx-**

What happens if the title is in both spouses’ names and they both die? Leaving two children from different marriages.

Bayx

Ok, here's my personal, non-legal take on this question. Feel free to correct me.

Individual property becomes communal after 5 years. So, if they were married that long and then both died, their property would be split 50/50 with her heirs getting half to divide between them and his heirs getting the other half.

That is not unusual internationally. Lots of states and countries have married couples unifying their property and then spitting it between their previous heirs should they both die at the same time.

The difference in the DR is that, unlike many other places in the world, the surviving spouse does not get everything. If one spouse dies, their inheritance goes to their heirs. The surviving spouse can only possibly get an additional 12.5% of the full value of the property (25% of the deceased spouse's half), and this is only if it is clearly stated in a legal document such as a will.

I'd imagine that were this legal situation to exist anywhere else in the world, there would be an accompanying law wherein the heirs who collectively held 50% of a property would need to petition within a period of time to get their names on the title as well. The fact that the DR has no requirement for a title to indicate in anyway that a property may actually be 50% owned by surviving children of a deceased spouse, is very unusual by international property recording standards.

Lic. Guzman, since you are now improving the current laws of the DR, perhaps you might consider adding this fact to all titles, so international buyers at least know to be sure to double check for heirs of deceased spouses. Since this is a uniquely Dominican issue, that might help many potential buyers / investors in the DR.