Divorce Inheritance law in the Dominican Republic

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fernandez97

Guest
I found your website and found the information in it quite interesting. I
found it when searching on inheritance laws. I have a peculiar situation as
probably most people. I'm at a crossroad in my life and I need
some information before I proceed with any actions or make a final decision.

I have currently been married for 15 years with my Wife. Our marriage
has not been easy as most are not. I have been discovering little by little that
my wife has been hiding money from me. She has been sending money to her country
without my knowledge. Her father has just recently passed away about a month
ago. Since then I have found that she has never changed her maiden name to her
marriage name in her country like she has here. Here she is her married name and we do everything together financially under my last name. She has just open an
account in her country under her maiden name and included her mother in it.
When I ask her as to why she doesn't want to place her inheritance money in
our account she is telling me that she wants to freeze that money and not touch
it. I have always brought everything into our home and never divided or denied
her access to anything in all of our years together. This is not sitting well
with me. I also found out that she has a credit card account in her country in
her maiden name also. Which she lets her grandmother use.
Here we are, with the death of her father she is refusing to enter the money to our family account and is
living a double life in her country. She is refusing to close that credit card
account and will not add me to her accounts in Dominican Republic. She has
totally cut me off.
I'm afraid that she is setting up to leave me and take our children with her.
She has all the means to do it if she likes now. I have found out of her assets
in her country she has the capability to do it.

The question is that if she married here in the US 15 years ago, lives here for 18+ years has children, and mutual assets with me here in the US under her married name. Can she legally have assets in her maiden name in DR, if she legally change her name in the US? Also, if she inherated money and property in DR, if we get divorced here in the US can I go after that money and assets in DR that are part of that inheratence? Will DR recognize the divorce decree of her place of residence, where here inheratance is community property and can be divided equally no matter the source or origen? I have to mention that we recently remarried in DR also to celebrate our vows for her family members in DR that couldn't make it here to the US for the first wedding in the US?
 

JohnnyBoy

Bronze
Jun 17, 2012
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Inheritances are not marital property. Let me ask you if your wife is giving her mother and her grandmother money is that really the worst thing in the world? Courts usually do not allow for a spouse to leave the childs home country with one parent.

If a woman is looking to leave you cant hold her. Better consult an attorney and look to protect yourself.
 

Jeepito

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Dec 22, 2011
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Since you've been married; how many times has she been to the Dominican Republic alone?
 

mountainannie

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Dec 11, 2003
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I do not believe that spouses have a right to an inheritance in the common property states in the US (at least not in NY Equitable Distribution of Marital Property in a New York Divorce - Domestic Relations Law 236B DRL 236 B) or in the DR. In the DR, children have the right of inheritance from their parents and cannot be disinherited, and spouses, as well.

But if the children are under 18, then they cannot travel out of the country without your permission.

Even if you are in a state which has a judgement by a judge, it would be hard to imagine a judge taking a wife's inheritance away from her and the children and giving a portion to you.

Maybe you should consider counseling rather than worrying about the money? Every marriage has rough spots. If you just remarried, it does not sound like she is planning to leave. Perhaps she is thinking that you are just not going to provide for her?

The fact of a woman changing her name to yours has no bearing at all on whether she can hold assets in her name. Most states will award any property to the person who came into the marriage with that property along with any inheritance to that person. The only thing that is divided is MARITAL assests. So you might have a claim on money that was sent to the DR from your joint accounts from your part of your joint assests.

But rather than dividing up the money first, why not figure out what is going on? Certainly it would be better for the children to stay in the United States and finish college, right?


What state do you live in?
 

AlterEgo

Administrator
Staff member
Jan 9, 2009
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The fact that she uses her Dominican name in DR shouldn't disturb you, that is normal. None of my Dominican sisters-in-law use their husband's name for anything. One of them uses her husband's name in the USA only. Some add "de" with the husband's surname, but not all.

When we opened our bank accounts in DR, the accounts are in my husband's name and my maiden name [my passport has my maiden name and married name, they would not use the married name]. When your wife opened her bank account, she had to show her cedula, which is in her birth name, and that is why the account is in that name.

I'm not saying not to be concerned, but I think you may be overthinking this a bit.
 

judypdr

Active member
Jul 23, 2011
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Also, she is wise to keep the inheritance money separate. Although the law would say it is hers alone (even in the event of a divorce), it can become legally confusing if it is comingled with marital assets. It is better for her to keep it separate just in case. And the fact that you "have always paid for everything" does not work to your advantage in a divorce proceeding. You just might end up being required to keep paying for everything! And really, money is never the real issue of disagreement in a maarriage...the real issues are control, power and trust...at least that's my experience.
 

Curacaoleno

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Apr 26, 2013
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The fact that she uses her Dominican name in DR shouldn't disturb you, that is normal. None of my Dominican sisters-in-law use their husband's name for anything. One of them uses her husband's name in the USA only. Some add "de" with the husband's surname, but not all.

When we opened our bank accounts in DR, the accounts are in my husband's name and my maiden name [my passport has my maiden name and married name, they would not use the married name]. When your wife opened her bank account, she had to show her cedula, which is in her birth name, and that is why the account is in that name.

I'm not saying not to be concerned, but I think you may be overthinking this a bit.

I agree with the above but the fact that she apperently did not mention it to her hubby of 15 years is odd. I know Dominican wives who for example own property or have a small business in the DR and also send some money to la familia so in a way she has a second 'financial' life in the DR however for all I know they tell their hubbies about this..
 
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fernandez97

Guest
For me it's the trust part. I have been an open book with her. Never hide anything from her. When you marry your home comes first, in the eye of the lord. When you borrow against credit cards to send to others outside your home, then it becomes an issue.
 
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fernandez97

Guest
Its not about the money, is the dividing of assets. I have always provided for my family very well. I never hide anything or assets. We had an agreement form the begining to do everything together...
 
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fernandez97

Guest
Its not about her sending the money to her family. Her mother is married and her husband is well off. But when you take money against a crdite card to send out there and not tell me then I have an issue with that. Why hide it? If you hide is because you know your doing something wrong...
 

AlterEgo

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Jan 9, 2009
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Its not about the money, is the dividing of assets. I have always provided for my family very well. I never hide anything or assets. We had an agreement form the begining to do everything together...

The agreement seems to be broken. Maybe it's time for you to start hiding some assets too.
 
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fernandez97

Guest
When I remarried through Church is was to be as one. I have thought of doing the same. But I didn't marry to play these games. I rather have no assets and peace, than live with assets and be in hell.
 
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fernandez97

Guest
Yes, but she lives here in the US and changed her name here. Why not in her country? Especially when she doesn't recognize the marriage in her country. Why get married at all?
 

Fabio J. Guzman

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Jan 1, 2002
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Community property rules are different in the DR.

Inheritances do become community property except in the case of real estate. Everything else beomes a community asset unless it is stipulated otherwise.

Art. 1401.- La comunidad se forma activamente: 1o. de todo el mobiliario que los esposos pose?an en el d?a de la celebraci?n del matrimonio, y tambi?n de todo el que les correspondi? durante el matrimonio a t?tulo de sucesi?n, o aun de donaci?n, si el donante no ha expresado lo contrario...
 

LTSteve

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Jul 9, 2010
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You need to sit down with her and ask her what her intentions are? Who is paying the credit card bill? If she has a job and pays it than you have little say if she wants to help her family. If she is hiding income from you in an account in the DR I would be concerned. If she is not forthcoming in your sit down with her than go talk to an attorney and explain the situation. Better safe than sorry.
 

ccarabella

Newbie
Feb 5, 2002
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Re: kids not being able to travel without both parents permission.

It is entirely up to the airline and/or customs to ask for the documentation
and there are many countries where the requirements have changed.
I have only been asked for this document once and it was more than 10 years ago.
Just in the last year we have traveled over half a dozen times without ever being
asked for a letter of authorization.
 

Aguaita29

Silver
Jul 27, 2011
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When I remarried through Church is was to be as one. I have thought of doing the same. But I didn't marry to play these games. I rather have no assets and peace, than live with assets and be in hell.

Keep in mind that she might not think she's doing anything wrong. Many local women just don't change their names. It might bring a lot of hassle, spending hours at public officers, changing other documents as well.

Having a joint bank account with your mom is considered fairly normal.

Remember that for a local woman, things between her and her mom might be considered like "not your business". I've known couples who have argued because she invites her mother over for a vacation, but the man thinks the wife should have consulted first.

Is this the only reason why you want to have a divorce? Talk to her about it first and explain her how it makes you feel. I know things are obvious to you, but for her, she might not even understand that you could have an issue with this.