property rights

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lasvegas

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Sep 21, 2002
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I am wondering if anyone has any information on rights to ownership on property in DR. Because of all the money my husband owes to the IRS here in the U.S. and the fact all I know is he is in the DR. I was wondering if I have any legal rights to any land he may own in the DR. I know where the land is and how much he paid for it. I am sure this is a longshot but I am trying to do whatever I can to make sure I do not lose my house or have the government here garnish my wages for money he owes. The IRS here is aware of the land but has stated that because it is in the DR. it is hard for them to go after it. I just did not know if I have rights to it. Hopefully maybe someone will have information or know who in the DR I can contact. Thanks.
 

Jeff

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Community property laws in some Western American states like Nevada or California. Such laws are based upon anything shared by operation of community property law. Such is based upon the Spanish legal concepts of eternal marital bliss and thus automatic property union by law. Does DR law have this practice of marital property? Some Latin American countries do.
 

Fabio J. Guzman

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Jan 1, 2002
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Article 1401 of the Civil Code establishes which assets form the community (ordinary community in case that there is no prenuptial agreement). That includes the real estate acquired during the marriage.

Article 2121 of the Civil Code constitutes a mortgage on all the assets of the husband in favor of his wife. This mortgage exits without being registered, article 2135 of the Civil Code, starting from the day of the marriage.

It is important to know if your husband holds the properties in his personal name or indirectly through a Dominican corporation.


Julio & Chris
 

lasvegas

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I appreciate your reply. The reason I am looking for information is because if I need to come up with money to pay the IRS tax bill my husband left me and he won't pay it. The land is in his name. I may have a problem here in the U.S. as far as the IRS looking for me to pay his tax bill. I work hard here to help raise his son so if they garnish my wages to pay the tax bill it would be very difficult. I am also looking at a way to have immigration void the petition for residency I have for him. I am not sure if that is possible. I don't know much of his whereabouts but I am responsible for any bills he may leave behind with the IRS, I don't find that very far. That is why I am interested in this information. Again thank you for your reply.
 

Jane J.

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Jan 3, 2002
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Hey, I think you mean "garner", not "garnish" your wages. Hee - I'll have ketchup & mustard on my wages, please...sorry...

You're going to need a lawyer at some point - it sounds complicated.
 

Ken

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Jane J. said:
Hey, I think you mean "garner", not "garnish" your wages. You're going to need a lawyer at some point - it sounds complicated.

She means garnishee. And you are right, it will be essential that she be represented by a good Dominican attorney. Hopefully, for her, the husband holds the properties in his name. Then she may have a chance; if held by a Dominican corporation, she probably has no chance.

Foreigners almost always form corporations--I am president of a corporation that owns my condo--but it doesn't sound like her husband, a Dominican, is a man who would pay the money ro form a corporation or feel the need to do so.
 

Hillbilly

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Jan 1, 2002
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1) Locate a lawyer in the area where the land is.
2) Contact him and tell him that you are divorcing your husband and need to put a lien on the property-or whatever he suggests you do to protect your 50% of the value of that land.
3) Find out if he has anything else of value in the DR
4) Talk to INS and tell them you are retiring your petition for Residency. Do it NOW!!
5) Get a DR divorce, asap. It is legal and it will get you your 50% faster, I think. I am not a lawyer so you must consult one. This is life talking.
6) A question: Did you file your IRS returns as a joint return or as separate> If separate, how can the IRS get your money? Just a question...

HB
 

lasvegas

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The money he owes is from almost 3 years ago and he has not paid it. At that time we did file jointly. I have asked the IRS about filing separate even though your married but they told me that although you can file separate for this year the law is clear that if you are married and one spouse owes money and even though you have filed separate they can still hold you responsible for monies owed. If on Dec 31st you are still married than you have the same responsibility as the other person. Believe me I have talked to the IRS at least a dozen times and have explained to them that I do not know where he is. Getting a lawyer in the town where the land is could be difficult. It is a small town and of course they all know who he is and I am not sure if I could find one who would be fair to me. I have tried to make payments on the amount he owes but I just got another letter stating that I need to make more payments and on top of that I received a letter from the state of New York where he once played and said that he owes them over $ 1000.00 and of course I am the only one they seem to look for. I have a question, even though I live in the U.S. is there not a way for the IRS to track him down in the DR. ? or is the red tape too much for the IRS ? I have given them all the information I have on where he may be but they do not seem to care. Well again thanks for your replies they are very much appreciated.
 
S

Stephen

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Have you tried filing the "innocent spouse" form with the IRS??? This may solve all your problems.
 

Ken

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1. Regarding a lawyer, he doesn't have to be in the town where the land is located. There must be another city, a larger city, not too far away where you could get someone to help you. In the event this should go to court, in which city is the court house (Palacio de Justicia)? Look for a lawyer there.

2. If your husband was someone the US government was anxious to track down, they could do it. But it is much easier to collect from you.

Look into Stephen's suggestion withr respect to filing the "innocent spouse" form (I wasn't aware there was such a thing either).

Have you followed up on Hillbilly's advice re informing INS that you are withdrawing your support for your husband's residency?r
 

Hillbilly

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folks, don't you think a certain lady in New York State-Jamestown, perhaps, should be reading this thread??
lasvegas: Would that small town be Tamboril? Makes no difference, for money, lawyers will slit their mother's throat. Do get the Dominican divorce, you are guaranteed of 50% of anything he possessed at the time of or acquired, during the marriage. Need your passport, you marriage certificate and a lawyer. Cheap, too. Then go after his land...

HB

Oldie: Two lawyers stranded on a tiny desert island. After several months, they spied a gerogeous young lady drifting towards shore, buck naked and drop dead beautiful. One lawyer said: "Let's go screw her."

The other one thought for a second and answered: "Outta what?"
 

R&JRivas

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Yea HB

I just wonder if she is still around reading this. I hope she is in school somewhere.
R&JRivas
 

lasvegas

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The town is Cotui. I tried the innocent spouse law but unfortunately it did not work. It is very difficult to get them to approve that. There is a chance he might be trying to play winter ball in the DR. this year. I have informed the IRS that he may be playing this year down there but the IRS. stated it is very hard to enforce any kind of legal order regarding taxes in the DR. I read the message from Mr. Hillbilly about a girl from Jamestown and if she is involved with someone like my husband I would tell her to run and please don't look back. If someone knows of a good lawyer in the area of Cotui I would really appreciate the information. I have talked to INS but they seem to lead me to believe once a petition is approved there is nothing you can do. Not for nothing but over the years I have met other women whom have had a similar problem such as mine and I always thought I was too smart for this but I know now that it happens to the best of us. Again thank you for your replies.
 

Jerry

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I do not know all the ins and outs, but if a person receives his conditional green card and then leaves the states for a certain amount of time (without appling for a re-entery permit) then the INS can assume that they have abandoned their green card. You might want to check this avenue out.

There is also a news group that deals with marriage based visas. There are at least 2 lawyers that monitor and answer questions on the group. Might want to post your question there and see what they say about the abanding of the green card and what kind of time frame it might take.

alt.visa.us.marriage-based

can't help you with INS.
Jerry
 

Golo100

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Jan 5, 2002
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las vegas

If your tax-cheating hubby is a major league baseball player or even a top prospect for the minor leagues you might want to find a lawyer who could put some pressure thru the newspaper media.

Baseball players are very sensitive to scandals and a tax cheating scheme with Uncle Sam could cost him ever playing in the USA. Try calling off your visa request for him and you might also want to get in contact with Major League Baseball authorities about this cheater. At the very least make his life difficult in his favorite sport.

If he is in Cotui, this is a very small town and a lawyer there can make a hell lot of noise for him. He probably acts as a true community guy hiding this dark chapter in his life.

TW
 

Ken

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Jan 1, 2002
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Jerry has a good idea. I used Google to search "marriage-based visas" and got a lot of links, including the forums that he speaks of.
Among those links must be at least one that can tell you how to revoke the residency of your husband.
 

Hillbilly

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Jan 1, 2002
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One more thing: A tax attorney. The is this guy advertizing on TNT, somethink like J.C. Strong or something like that. He says that they can help you with your tax problems. Might be worth a try. They have a 800 number. If I see it this evening, I will post it for you..

As for Cotui, that is not a problem. I have a good friend that has handled several cases in that area. Elvin Santos is his name and his phone is 809 612-4111 ...let me check on this with him.. I'll post later.

I don't think this guy is still playing ball.....

HB
 

lasvegas

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He is playing. I saw where he played in the exhibition game on the teams website. He is only player I think on Licey from Cotui. I don't want to say his name because I don't want people to think I am trying seek some kind of attention. This has been very embarrassing for me and my family. All I know is he lives in Santo Domingo and I think it is with some woman. It is not easy getting information on him from people in DR. I guess people feel like he is some kind of star or something but I wish people would know what some of these guys are really like. He left me with all his bills and will not even take care of his own son. Now I sit here and just wait to see what is going to happen next or what new bill will appear. I always loooked at it like if you want to be with someone else I have no problem with that. That's life but what I didn't expect was to be left with his problems. I mean he makes these problems then goes and hides in DR. He knows about the tax problem, the Visa bill and all the other bills he left. I know his career was almost over that is why he wanted residency so no team would have to sponsor a visa. It is easier for a player to get with a team in the U.S. that way. The teams don't have to waste a visa on them. The day after he got his residency he is gone and I don't know anything more about him. I just want my name off his residency and for the IRS to go after him not me. Again your replies are so appreciated. You have all given me some great avenues to use. Thank you. If any of you ever come to Las Vegas let me know.
 
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