Can my maid keep her house?

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Dolores1

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May 3, 2000
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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.
 
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Aguaita29

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Jul 27, 2011
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I don`t know if the laws have changed regarding this, but as far as I know, he`s not entitled to anything. By the way, the construction you make on someone else`s land doesn`t belong to you but to the land`s owner.

If you build a house on someone else`s land, there is a time that must go by in which you must have lived in this place without any complaint from the owner, but this takes over 25 years. Then you claim the land as yours.
 
bob saunders

bob saunders

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Sounds like he contributed to building the house, therefore he would be entitled to something, since she doesn't want to sell or leave.
 
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MJSantoDomingo

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It sounds like this is a man desperate for money and looking for anywhere he can get it.
I am very curious what he can legally get. It sounds like a common law "marriage" and would a legal marriage make the situation that much different ??
I would think that if he only lived there and they just called themselves "husband and wife", then he gets nothing, especially after only 5 years.
If legally married, then he might be able to get something.
Let's see what the legal adviser has to say. Very interesting question.
 
Hillbilly

Hillbilly

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I am betting that he has a claim. However, I don't think he gets anything unless the place is sold.

Let's see what Guzman says. He usually proves me wrong!


HB
 
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cjp2010

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Mar 25, 2013
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Morally it would seem he is entitled to something. Legally he may try to present her with a bill but it seems a bit late for that now, five years after the fact. Seems that they had no contract or any written agreement so I'm guessing he is probably out of luck if she doesn't want to or can't give him anything. She could always say the agreement was that his living in the house for five years rent free on her land was his payment. But all of that assumes that the house is titled in her name. I'm not sure if it is possible here but maybe the house is titled in his name even though the land is titled to her or maybe the house is not titled at all. I would think his only case would be if the paperwork for the house was not in her name and her name alone. But I'm no attorney, and I'm certainly not a DR attorney. it will be interesting to see what Guzman says.
 
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Dolores1

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May 3, 2000
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Her mother has been living on the land for more than the 25 years that would give her the rights to the land. She has no title to what was built. I will check to see if there is an actual title to have more info on this case.
 
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Dolores1

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Fabio J. Guzman said:
The man does have a claim against his former partner.
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But the question is what can he do to collect on the claim? Can he evict her? Can he embargo the property?
What recourse does she have to not pay. She claims the land is hers and she paid equally into the property. And she doesn't have the $, and has no plans of selling the house.
 
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Riva_31

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If they build the house in the land of her mother then the house is from her mother. but as they was living together for 5 years now sposes that are living together for certain time adquiere rights, if he can prove that he put 100,000 in the house i think he can get part of the money as was in the land of her wife.
 
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cjp2010

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I'd be curious about his chances of winning. There appears to be no contract, no agreement of any form of payment monetary or otherwise and this is five years after the work was done in which time he'd lived in the house on her property without presenting any invoice or inquiring about receiving payment. Sure he can sue but can he really win? This is the DR and laws are different here than in my homeland but I doubt this guy could win this case in many other countries.
 
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Riva_31

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cjp2010 said:
I'd be curious about his chances of winning. There appears to be no contract, no agreement of any form of payment monetary or otherwise and this is five years after the work was done in which time he'd lived in the house on her property without presenting any invoice or inquiring about receiving payment. Sure he can sue but can he really win? This is the DR and laws are different here than in my homeland but I doubt this guy could win this case in many other countries.
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The key of sucess for her will be on if he can prove if he really put money building the house.
 
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Ringo

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Mar 6, 2003
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Give a loan to your maid of RD 50K to pay the guy off and make sure that it is done via atty. Be done with this. (What Fabio is indicating... ?)

You most likely will never get all your money back. But she will have her home.

You have been here long enough to know how things work. If you are that concerned then you be the one that makes the closure happens.

Good Luck.
 
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arrugala

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Nov 7, 2010
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No Money no Honey .......like trying to collect a debt from someone broke and in jail ..... There is more chance that procab will be paved , that there will be abypass through cabarete , that Sosua will be a family vacation spot! a claim is of course possible , winning and for this small chunk of change , will only end up a lawyers lunch
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AlterEgo

AlterEgo

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Harleysrock said:
Shouldn't she pay him something if he put money into the home? Seems like the right thing to do....
Hard to get money out of someone who has nothing though...
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Didn't he live there rent free for 5 years? Geesh. She should charge him back rent.
 
bronzeallspice

bronzeallspice

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AlterEgo said:
Didn't he live there rent free for 5 years? Geesh. She should charge him back rent.
Click to expand...

I doubt it as they were living together. He can show proof such as receipts of anything he bought that
was delivered to the property. If he wins, whether she likes it or not, the house will be put up for sale, if she cannot come up with the portion that belongs to him.
 
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