Selling property

Tibu

Member
Mar 19, 2002
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Hi,

one property, one titulo, two owners (married) - Can on of the two sell the property without the signature of the other?

Thank you

Tibu
 

Ken

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Jan 1, 2002
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How is the title written? Are both names listed as co-owners?

Is the property owned by the 2 individuals, or by a company that is owned by the individuals? If the latter, which of the two is the president?
 

Escott

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Jan 14, 2002
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Tibu said:
Hi,

one property, one titulo, two owners (married) - Can on of the two sell the property without the signature of the other?

Thank you

Tibu
I would say both have to sign. I am sure that you will get the answer from Fabio. One could sell with Power of Attorney of the other probably.
 

Tibu

Member
Mar 19, 2002
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Ken said:
How is the title written? Are both names listed as co-owners?

Is the property owned by the 2 individuals, or by a company that is owned by the individuals? If the latter, which of the two is the president?

Both inidividuals listed as owners, no company.

If "Power of Attorney" is needed, does it require a special form, is it necessary to have it in spanisch or can it be translated in the DR?

Thank you

Tibu
 

PJT

Silver
Jan 8, 2002
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Permission needed

If there are two owners listed on the title, the purchase and sale contract will require the authorization and signature of both owners.

A property being sold under the private ownership of one spouse requires the signed permission of the other spouse.

Regards,
PJT
 

Tibu

Member
Mar 19, 2002
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PJT said:
A property being sold under the private ownership of one spouse requires the signed permission of the other spouse.

Regards,
PJT

Hello,

does this mean, if the two are married and one owns a property, the other one has to agree?

What if one ownes a company and the company owns the property?

Thank you

Tibu
 

PJT

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Jan 8, 2002
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If they are married and one spouse owns the property the other spouse has to agree to the sale.

It is best for a legal avisor to make the call for a sale of property owned by a company.

Regards,
PJT
 

Escott

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Tibu said:
Hello,

does this mean, if the two are married and one owns a property, the other one has to agree?

What if one ownes a company and the company owns the property?

Thank you

Tibu
So the question is that if there is only one of the two on a corporation can the one that is on the corporation and the President sell the corporation therefore selling the property?

I think you need to be clear in your question.
 

Tibu

Member
Mar 19, 2002
69
13
8
Escott,

OK, maybe a silly question.
My thought was, that when your husband/wife has to be asked before you can sell your property, does he/she also has to be asked before you as president of a corporation can sell a property owned by the corporation.

Thank you all for your answers.

Tibu
 

Escott

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If the person is sole owner although wedded to someone and they want to sell the property I do NOT think they need permission.

If I get married tomorrow and I want to sell a property I bought 2 years ago I do NOT think I need anyones permission.

Same with a corp. If I am the president I can do what I want.

These are my beliefs but you need an attorney to tell you for sure.

Escott
 

DogsRule

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Apr 14, 2004
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If the laws here provide for

Escott said:
If the person is sole owner although wedded to someone and they want to sell the property I do NOT think they need permission.

If I get married tomorrow and I want to sell a property I bought 2 years ago I do NOT think I need anyones permission.

Same with a corp. If I am the president I can do what I want.

These are my beliefs but you need an attorney to tell you for sure.

Escott

dower rights, as in the states, then even if you bought the property two years ago, if you marry tomorrow, your spouse may well have to sign off her dower rights before you can sell.
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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If a property is titled in the name of a spouse, the authorization of the other spouse is required to sell the property, even though the name of the second spouse does not show up on the Certificate of Title.
 

johne

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Jun 28, 2003
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further to this point

Fabio J. Guzman said:
If a property is titled in the name of a spouse, the authorization of the other spouse is required to sell the property, even though the name of the second spouse does not show up on the Certificate of Title.

Would your answer be the same if a pre - nuptial was in place? Which brings me to- are there pre-nups in the Dominican Republic?

JOHN
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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Prenuptial agreements exist in the DR. They must be prepared by a Dominican Notary BEFORE the marriage ceremony (hence, the term ?prenuptial? ) and handed over to the Civil Registry Officer (?Oficial de Estado Civil?) at the marriage.

In case of the existence of a prenuptial agreement providing for a separate property arrangement between the spouses, there is no need to obtain the authorization of the other spouse to sell.