home title with automatic rights of survivorship

Tuan

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Aug 28, 2004
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What should we put in a house and land title in order to guarantee the widow (or widower) the ability to resell the property as quickly as possible and with the least difficulty with probate, re-titling, etc.
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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There is no legal mechanism in the Dominican Republic that will allow a surviving spouse to have the ability to resell community property titled personally quickly after the death of his or her spouse.

After the death of a spouse, assuming there are children, part of the property must go by law to the children. Inheritance taxes must be paid and the property title will need to be changed after the required filing at the Superior Land Court. This is one the reasons we recommend holding property under a corporation.

Right of survivorship does not exist under Dominican law.
 

Texas Bill

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Feb 11, 2003
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A more In-Depth Question about Inheritance

Sr. Guzman---

My wife (a Dominicana) and I have recently completed construction of a house for her parents. She has 7 other brothers and sisters. We have asked the parents to sign over the property and structure to my wife in exchange for their living out their days in the house.

My question is this:

Will there/can there be any problems with this arraingement from the other children with regard to ownership of the property upon the final demise of either parent surviving.

Non-familiarity with the laws of the Dominican Republic prompts this question.

Thank you,

Texas Bill
 

jskr1us

New member
Apr 29, 2003
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Folow UP to Bill's Question

I am a US citizen, my wife (a Dominican) has had children prior to our marriage are they entitled to a share of the property if I pass on or does it all go to her?
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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Texas Bill, if the house was built by your wife, is titled in your wife?s name, and your wife has children, you shouldn?t have any problems with your seven in-laws. If you feel you need to cover all the bases just in case, have your mother-in-law acknowledge the situation in writing. This document should be prepared by a knowledgeable attorney.

Jskr1Us, if you pass on, 50% of your property will go to your wife (I assume you are married under community-property rules) and the remaining 50% will go to YOUR children.
 

Texas Bill

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Feb 11, 2003
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Fabio J. Guzman said:
Texas Bill, if the house was built by your wife, is titled in your wife?s name, and your wife has children, you shouldn?t have any problems with your seven in-laws. If you feel you need to cover all the bases just in case, have your mother-in-law acknowledge the situation in writing. This document should be prepared by a knowledgeable attorney.

Jskr1Us, if you pass on, 50% of your property will go to your wife (I assume you are married under community-property rules) and the remaining 50% will go to YOUR children.

Sr. Guzman;

Thank you very much for your advise in the above matter.

I have had a document prepared by an abogado and it has been signed by both the Mother and the Father, "notarized", and will be filed both locally and in Santo Domingo with the proper agencies.

Again, thank you very much!

Texas Bill
 

BigDaddy

Member
Jan 16, 2005
195
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Holding property under a corporation

How does one do this if one does not have a business or corporation?

Fabio J. Guzman said:
There is no legal mechanism in the Dominican Republic that will allow a surviving spouse to have the ability to resell community property titled personally quickly after the death of his or her spouse.

After the death of a spouse, assuming there are children, part of the property must go by law to the children. Inheritance taxes must be paid and the property title will need to be changed after the required filing at the Superior Land Court. This is one the reasons we recommend holding property under a corporation.

Right of survivorship does not exist under Dominican law.
 

Ken

Platinum
Jan 1, 2002
13,884
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BigDaddy said:
How does one do this if one does not have a business or corporation?

I own a corporation that owns my condo. That is the only thing the corporation does. I think a large majority of foreigners buying property form a corporation rather than buying the property in their own name. Fabio set my corporation up for me.