My housekeeper has asked me for legal advice this morning. She has two children with her first spouse (not sure if she lived together with him or was married). And then she says she had been living with a man (who has his own children with another woman, too) for around 5 years. The man helped her build her home on property belonging to her mother in Monte Plata area. Now they are no longer together and the spouse wants his half of the house, or the money he says he put into the house. She is not moving. He said he would settle for a cash payment of RD$100,000. She doesn't have the money.
My opinion is that since she owned the property before living with this person (they never married) the land is hers. What we are talking about is the "mejora." My opinion is that technically he would have the right to the 50% of the mejora (construction). But she is not selling, because it is where she lives, and she is not moving either because it was built on land owned by her mother. But I don't see how he could evict her or force her to pay him. So practically speaking, I would think that she should not be concerned and not have to pay him, and it will be his loss for having lived with her.
Would love to hear from experts or those who have had experience in this kind of case.
My opinion is that since she owned the property before living with this person (they never married) the land is hers. What we are talking about is the "mejora." My opinion is that technically he would have the right to the 50% of the mejora (construction). But she is not selling, because it is where she lives, and she is not moving either because it was built on land owned by her mother. But I don't see how he could evict her or force her to pay him. So practically speaking, I would think that she should not be concerned and not have to pay him, and it will be his loss for having lived with her.
Would love to hear from experts or those who have had experience in this kind of case.