Palimony- need advice

EstelaMaris · #1 06-10-2009, 03:48 AM

I'm trying to help my Dad figure out what to do. Several years ago when he was in his early 60's, he met a Dominican lady in her 40's who was traveling in the US. They began to date, albeit sporadically as he was still living and working in NY City. After a couple of years he decided to move to DR and provided all went well, marry the lady. He bought a house in her small town, but being a particularly conservative and religious Spaniard, would not stay in her house nor allow her to stay at his home until they were legally wed. I understand how ridiculous this all sounds- but, that's the way it is. After being in the DR a few months he realized that she had a serious gambling problem and was perpetually involved in one predicament or another. In time, cash and small valuables began to disapear from his home. He then ended the relationship, much to the relief of his family.

Within a 18 months he met and married a Dominican woman from his church, last year to everyone's surprise, they had a baby boy. A month ago while my father and his wife were out of town, their house was burglarized, the day of their return he was served with court papers indicating that the former girlfriend is claiming a right to his DR property, presumably as his "common-law" wife or "concubine". My Dad did not marry or live with this woman and certainly has no children with her. I believe she is looking to be paid off as a "nuisance suit". My Dad has consulted a lawyer who wants to charge him $5,000 to represent him. Quite a sum for a case that has no legal merit.

Please advise as to what is the best course of action. The woman is quite connected in the small town they live in and I'm not sure if corruption stretches as far as the judiciary there. The case is July 1, I'm heading there this week to meet my baby brother and try to sort out this mess. My Dad is on a small fixed retirement, the DR house is his only asset and now he has a dependent wife and child to care for. I would appreciate any suggestions.

catcherintherye · #2 06-10-2009, 08:21 AM

In my opinion, your father is in for a tough go of it.

Yes, corruption goes all the way to the judiciary, to say the least. Lawyers tend to work hand-in-hand with the judiciary. You do the math.

While there is no legal standing for a "common law spouse" in the DR, women have successfully sued for dwelling, cars, pensions, and anything else you could think of. The women and the system they use are cold and heartless. It is all about who can get the most. It is not a pretty picture.

My advice to you and your father is to hire a good lawyer. Of course that is the tricky part, and it is not an easy task. Things are not always as they seem in the DR, and even well-respected lawyers can shift and change with each new court appointment, or have hidden conflicting agendas.

$5,000 is way too much, BUT if the attorney can really do something, and not just go through the motions, it might be worth it. Certainly, the amount of money does not ensure proper counsel. You might find a decent lawyer (one who has enough connections in the court system) for less, or it might cost you more to get the job done. There doesn't appear to be any price-point that would indicate you are getting what you need, as far as what I have seen.

I am truly sorry all this is happening to you and your father. It seems as though your father is a honorable and honest man. Unfortunately, they are the ones who are eaten up and spit out here.

My advice is to play the game the way they play it here. Be as dirty and sneaky as they are. Don't trust anyone, including your attorney. Watch every move they make, and have a back-up plan. It also wouldn't hurt to contact the US embassy.

I wish I could be more reassuring, but I am just giving my opinion. It's a different world in the DR, and it doesn't take long to realize that good men like your father look like sitting ducks, with $ signs attached, to many women, attorneys, and the courts.

donP · #3 06-10-2009, 09:49 AM

You said your father is a Spaniard.
Why not just leave the country and take his wife and the son to Spain?

Let the families of the two women fight over the house.
It might be cheaper and safer that way.
It's almost a no win situation for your dad.

You see, the vultures have found the carrion and more will arrive...

donP

AnnaC · #4 06-10-2009, 11:00 AM

I'm going to move you to the legal forum since this is a legal quetion.

Here is a quote from our resident Lawyer Fabio Guzman;

Quote:

Originally Posted by Fabio J. Guzman

An update of the situation:

There is no such thing as a "common law marriage" in the Dominican Republic. Living together, our Supreme Court has said, 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”.

During the present decade, lower courts have expanded these rights to other areas, giving the "common-law wife" ("concubina" in Doiminican legal terminology) rights in the estate of her "common-law husband" or rights to "community property" in case of separation.

Recently, however, the Supreme Court rejected the claim made by a surviving companion to 50% of her deceased companion's estate. The claimant had argued that her lifelong relationship should be equivalent to marriage under community-property rules.

They didn't have children or even live together so I would advise your Dad seek a lawyer or move if she has that much power in her town.

Hillbilly · #5 06-10-2009, 01:59 PM

Find a lawyer. Or get out of Dodge..You might want to get a DNA exam of the baby too...JIC.

HB

EstelaMaris · #6 06-10-2009, 04:41 PM

"...you might want to get a DNA test on the baby JIC"

The baby was not with the woman who is suing my father but with my father's wife. But I've considered a DNA test... to prove she's the mother! LOL! The baby is a fair skinned blue eyed blonde, the spitting image of me at that age. The mother is a lovely dark skinned woman who looks more Asian than anything else, but in any event bears no resemblance to the baby. Mother and baby are the best thing that has ever happened to my Dad and make up for all of the difficulties that have come from being is the DR.

My Dad is in the proccess of trying to sell the house and move back to the US, he (and the baby) have citizenship here as well. The concern is that the former girlfriend will be able to delay the sale of the house or put a lean on it. The house ate up a fair amount of my Dad's savings and he needs to sell it to buy another in the US.

Thank you all for your advice- any reputable lawyers you's care to recommend?

Conchman · #7 06-10-2009, 04:59 PM

How much is the house worth, approx?

EstelaMaris · #8 06-10-2009, 05:26 PM

House was just appraised, I believe it was under $200,000. It's a sizable (7 bathrooms) affair but in an impoverished little town.

Estela

AnnaC · #9 06-10-2009, 05:34 PM

7 bathrooms? Is that a typo?

EstelaMaris · #10 06-10-2009, 05:47 PM

No, not a typo- it's a very nice, but not extravagant house, but if memory serves, 7 bathrooms. Not all with baths. I think the owner/builder intended it for family reunions during the summer. I know he did not live there year round when my father bought it. More of an eccentricity than an amenity.