- Thread starter Gringo
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Question for you guy's in the know? (common law laws)
F
fthguy
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gringo in DR the law is you live 5 yers concecutive she have the half the buy in the last 5 years , depend the lawer she have remember you is gringo here $$$$$$$$ this is wat sinck lawers and she , the have kids wit thedominican woman she have the first in the house, have case the gringo buy appt for she and she living the house and check for the kid child support, you late 1 day you going jail ,
would be interesting to know,
do you have a link or a ''law number'' for that change?
i guess it would make a difference for a bunch of DR1'ers, lol.
Mike
do you have a link or a ''law number'' for that change?
i guess it would make a difference for a bunch of DR1'ers, lol.
Mike
The US consular agent gave me the same information that rafael reports.
Although this should be in the legal forum, I believe there was a recent change in the law which puts the whole issue of "common law" relationships back on the front burner.
Although this should be in the legal forum, I believe there was a recent change in the law which puts the whole issue of "common law" relationships back on the front burner.
There has been no new law on this issue. Neither has there been a new decision from the Supreme Court changing its doctrine set in 2001.
The new Constitution, in its article 55 regarding the family, although it acknowledges that a free union generates rights and obligations, adds at the end "de conformidad con la ley" ("in accordance with the law"), and the law has not changed. The Constitution, in effect, is just reproducing the doctrine set by the Supreme Court in 2001.
My sense is that the Catholic Church, who has been so influential in the drafting of the Constitucion (Art. 37. "The right to life is inviolable from conception until death".) opposed any opening in this regard.
The new Constitution, in its article 55 regarding the family, although it acknowledges that a free union generates rights and obligations, adds at the end "de conformidad con la ley" ("in accordance with the law"), and the law has not changed. The Constitution, in effect, is just reproducing the doctrine set by the Supreme Court in 2001.
My sense is that the Catholic Church, who has been so influential in the drafting of the Constitucion (Art. 37. "The right to life is inviolable from conception until death".) opposed any opening in this regard.
I never lived in the DR with a women but had a long distance relationship for over 1.5 year. During that relationship she assisted me in overseeing construction of a house I was building. Now she's claiming to be my common law wife! While she assisted me I paid her monthly. I need help.
Did you have a contract of employment or a specific "power of attorney" agreement written up?
You'd better hire an attorney there, pronto. Time is not on your side.
Wow she is really screwing you. I was in a relationship kinda similar to that, I ended it awhile ago. Let me talk to my attorney. Great post!
Well as I read post #5 or 6, Guzman said there is no common law marriage so what basis does she have to your house? Is her name on the deed?
He said in a common law relationship the partners get recognition of:
a. family law=maternity leave
b. criminal law= domestic violence
c. surrogate law=survivor benefits and tort actions.
then all the stipulations that I dont see how any one in a common law relationship could exercise past maternity leave.
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?.
In your case, it is all in her mouth and not in the world.
you did never live together with her and you paid her an employee's salary, the only thing she would be entitled to is a liquidation when you fire her from her employment, and that will not cost you a fotune nor will there be the need to sell your house.
sound's like you got caught by a smart one who feel's that the gringito is the right one to scare the heck out of and then ripp off.
Mike
sound's like you got caught by a smart one who feel's that the gringito is the right one to scare the heck out of and then ripp off.
Mike