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04-23-2009, 11:03 PM
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Bronze
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Join Date: Apr 2009
Posts: 2
(10)
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Am I obligated to pay if it doesn't work out?
I am dating a dominican girl for 3 months and supporting her. I rented us an apartment that she lives in fulltime and I stay in when I visit her every 4 weeks or so. If the relationship doesn't work out am I legally obligated for anything if we were just dating?
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04-23-2009, 11:17 PM
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Moderator
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Join Date: Jan 2002
Posts: 11,012
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Did you take out a lease and is it in your name? Sounds more than just dating. Dating is dinner and a show but what do I know.
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04-23-2009, 11:25 PM
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Gold
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Join Date: Jun 2004
Posts: 720
(123)
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If you were smart enough you set it up so it's her who is officially renting the place, you are paying for it but her name is on the contract, if there is one, if not, even better.
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04-24-2009, 03:10 AM
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Gold
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Join Date: Jun 2002
Posts: 2,215
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Quote:
Originally Posted by howudoen
I am dating a dominican girl for 3 months and supporting her. I rented us an apartment that she lives in fulltime and I stay in when I visit her every 4 weeks or so. If the relationship doesn't work out am I legally obligated for anything if we were just dating?
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Ohh my God please move this to the mars/venus category. You just met her and are paying her rent and other bills? You go there every 4 weeks or so? Who do you think is there the other 3 weeks? Forget legal responsibility and just get your head examined my friend.
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04-24-2009, 07:58 AM
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Silver
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Join Date: Nov 2008
Posts: 243
(55)
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no obligation as long as the lease has her name
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04-24-2009, 08:09 AM
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Gold
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Join Date: Mar 2008
Posts: 1,866
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Just a word of warning; If this relationship continues for a few years, you should consider the possibility of it becoming classified as being a "common law" marriage.
Although I do not pretend to understand all the legalities involved with that type of relationship, you could stand to lose a great deal more than just a few months rent.
Unless you intend on making a very long-term commitment to this woman (I won't get into a discussion about the pros and cons of that decision) you should probably distance yourself from any commonly shared living arrangement.
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04-24-2009, 09:25 AM
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Gold
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Join Date: Apr 2004
Posts: 1,153
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no such thing.
There is no such thing as common law wife in the Dominican Republic.
Mr. Guzman has pointed this out in the legal forum. use the search. and look up his answers
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04-24-2009, 10:06 AM
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Gold
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Join Date: Mar 2008
Posts: 1,866
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Yes, bienarmor, I have read them. That is the reason I put the term in quotes.
While there is no legal "common law" marriage, a woman has many legal avenues to pursue when they are involved in a long term relationship, especially if children are part of the deal.
Whatever you want to call it, if you you are living with someone for an extended period of time, and the woman has possession of the domicile, she will acquire much of the property in question.
Just because the terminology isn't precise doesn't mean one should disregard the consequences. Everyone can certainly make their own decisions. However, I personally know someone who lost much by being too attached to his "unmarried" girlfriend.
Anyway, I'm just saying, do what you want.
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04-24-2009, 10:49 AM
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Moderator
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Join Date: Jan 2002
Posts: 11,012
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Here's what Fabio Guzman posted for an update on common law;
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.
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Last edited by AnnaC; 04-24-2009 at 11:00 AM..
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04-24-2009, 10:58 AM
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Gold
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Join Date: May 2004
Posts: 1,619
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For a foreigner in the DR if you hang out in certain segments of society it is expected by the people you encounter that you pay for everything.
For more insight into this phenomenon read the accumulated wisdom of AZB.
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