Dominican Republic Lawyer
If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below.

Go Back   DR1 Dominican Republic Forums > Forums > Legal
Register Blogs FAQ Search Today's Posts Mark Forums Read Chat Room

Reply
 
LinkBack Thread Tools Search this Thread
  #1  
Old 05-21-2009, 07:00 PM
Bronze
 
Join Date: Apr 2009
Posts: 54
rocker67 Level 1 (37)
Default question marital and property questions

hi

if i have a girlfriend and we are NOT married and she lives with me in my paid for home;

is she at what point, if any, entitled to ownership of this property because we are living together?

any advise on what to do so i may protect my home from her if we break up ( and assuming th laws says she is entitled to 1/2 the house after so many years together)



if i have a wife and we ARE MARRIED and she lives in my house is she automatically 1/2 owner of my property , immediately after our marriage , that i paid for in full before even meeting her
at what point in time is she entitled to 1/2 of my house?


if i have a prenuptial are they worth paper theyre written upon?

if we have kids and we decide to split up; is she automatically given my house or must i set her up in something else?

hope you can help...please take the time if you have it to answer all my questions

thanks
Reply With Quote
  #2  
Old 05-21-2009, 07:09 PM
Gold
 
Join Date: Sep 2006
Posts: 1,424
Matilda Level 6 Matilda Level 6 Matilda Level 6 Matilda Level 6 Matilda Level 6 (452)
Default

As far as I know - and there are loads of threads on this - anything you buy in your name with your money before you marry is yours on divorce. Well, real estate anyway. Anything you buy after marriage is 50/50. Not sure about kids after divorce.

Matilda
Reply With Quote
  #3  
Old 05-22-2009, 11:19 AM
Bronze
 
Join Date: Apr 2009
Posts: 54
rocker67 Level 1 (37)
Default

thanks fr the response
Reply With Quote
  #4  
Old 05-22-2009, 11:21 AM
Silver
 
Join Date: Oct 2004
Posts: 483
RonS Level 2 (51)
Default

Dr. Guzman is the expert. I was just wondering if there is a concept in Dominican law similar to the law of several states that provides for a spouse 'contributing' property acquired prior to marriage to the marital estate. This is almost a fiction the law has devised to enhance the property required to be divided upon divorce. The other part of the OP's question is even more interesting, i.e., how does all this play out in the DR in situations where you are living with someone but not legally married to them.
Reply With Quote
  #5  
Old 05-22-2009, 07:31 PM
DR1 Expert
 
Join Date: Jan 2002
Posts: 1,575
Fabio J. Guzman Level 4 Fabio J. Guzman Level 4 Fabio J. Guzman Level 4 (250)
Default

if i have a girlfriend and we are NOT married and she lives with me in my paid for home;is she at what point, if any, entitled to ownership of this property because we are living together? any advise on what to do so i may protect my home from her if we break up ( and assuming th laws says she is entitled to 1/2 the house after so many years together)

Several recent Supreme Court rulings have stated that there is no "community property" between unmarried companions. However, if the companions ran a business together, the Supreme Court has ruled that a de facto partnership exists whose assets must be distributed between the partners.

if i have a wife and we ARE MARRIED and she lives in my house is she automatically 1/2 owner of my property , immediately after our marriage , that i paid for in full before even meeting her
at what point in time is she entitled to 1/2 of my house?

Real estate acquired by a spouse before marriage does not become community property upon marriage. If the house was "improved" with community funds during marriage, the owner owes the other spouse 50% of the improvements.

if i have a prenuptial are they worth paper theyre written upon?

They certainly are.

if we have kids and we decide to split up; is she automatically given my house or must i set her up in something else?

No, she won't get your house. If the children are minors, you will have to support them. If they are of legal age, they'll have inheritance rights upon your death; nothing else.
Reply With Quote
Reply

Bookmarks

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


The contents of this webpage are copyright © 1996-2008.  DR1. All Rights Reserved.

Powered by vBulletin® Version 3.8.3
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO