A US citizen marries a Dominican in the United States,and the Dominican ownes a home in Santo Domingo.Both spouses moved to Santo Domingo,and the Dominican spouse dies while living there,does the surviving spouse have the legal right to the property? Does the surviving spouse have to go by the US laws or the Dominican laws at the time of death,if there is no will with the present wifes name on it?
- Thread starter missree
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US Laws verses Dominican Laws
My non-lawyer take on this is that since the surviving spouse is still in the DR and the decedant last lived in the DR, Dominican law would prevail. Whether the marriage was US or Dominican should have no effect since both countries recognize marriages performed in the other. Also, I don't believe a Dominican Will can exclude a spouse from certain properties, including the house, nor does the spouse have to be Dominican.
It doesn't matter wether the marriage occurred in the DR or the US, or where any of the spouses where at the time of death. Real Estate Properties are solely governed by Dominican Law.
If spouses were married under community property rules, which is the norm in the DR, it is irrelevant in whose name the property was titled, it belongs to the matrimonial community, and in case of the death of a spouse, the 50% beloging to the deceased spouse goes to his or her heirs. (assuming the property was purchased during marriage since property acquired by a spouse before marriage is not community property).The other 50% will belong to the surviving spouse.
The 50% the estate must go to the children irrespective of the existence of a will ("forced heirship"). For example, in a estate with three children, at least 75% of the estate must be reserved for the children (Art. 913 of the Civil Code).
If spouses were married under community property rules, which is the norm in the DR, it is irrelevant in whose name the property was titled, it belongs to the matrimonial community, and in case of the death of a spouse, the 50% beloging to the deceased spouse goes to his or her heirs. (assuming the property was purchased during marriage since property acquired by a spouse before marriage is not community property).The other 50% will belong to the surviving spouse.
The 50% the estate must go to the children irrespective of the existence of a will ("forced heirship"). For example, in a estate with three children, at least 75% of the estate must be reserved for the children (Art. 913 of the Civil Code).
Did you mean in the absence of a will, rather than irrespective of a will?asterix said:The 50% the estate must go to the children irrespective of the existence of a will ("forced heirship"). For example, in a estate with three children, at least 75% of the estate must be reserved for the children (Art. 913 of the Civil Code).
rellosk said:Did you mean in the absence of a will, rather than irrespective of a will?
"Even in the presence of a will".
Unless I misundertand you (which is quite possible), are you saying that under Dominican Law, the children automatically inherit a pro-rata portion of the property when one of the parents die? Even if there's a will that says otherwise?asterix said:"Even in the presence of a will".
That's got to be one of the craziest laws on the books.
You haven't misunderstood me at all. That's what I was talking about when I mentioned "forced heirship" in my first post. In common law countries this has always taken people by surprise. In our system (French origin-Civil Law) is a way of protecting the descendants of the deceased..
Wow!asterix said:You haven't misunderstood me at all. That's what I was talking about when I mentioned "forced heirship" in my first post. In common law countries this has always taken people by surprise. In our system (French origin-Civil Law) is a way of protecting the descendants of the deceased..
I can't begin to imagine the problems it causes. For example, what prevents the children from forcing the surviving parent to sell the property. Also, how does one go about disowning a child and preventing them inheriting what one does not want to go to them?
rellosk said:Wow!
I can't begin to imagine the problems it causes. For example, what prevents the children from forcing the surviving parent to sell the property. Also, how does one go about disowning a child and preventing them inheriting what one does not want to go to them?
The Dominican Republic has a desinheritance law by which the father has the option of leaving any of the heirs out of his future inheritance.
If there are three children, 75% of the estate will go to the children by law, no matter what the will says.
Does this ("forced heirship") include all children from both parent?ie, the female has 3 children from a previous relationship and with her new husband they have 2 children and he dies. Who gets what?
Rick
Rick
Only the children of the deceased.
Assuming the house was community property, half the house belongs to the wife while the other half will go the children of the deceased spouse.
Assuming the house was community property, half the house belongs to the wife while the other half will go the children of the deceased spouse.
Thank you very much Mr Guzman now I understand. Now it all, the forced heirship, makes sense to me.
Rick
Rick
Mr Guzman, there are 2 children that the deceased spouse had by a former marriage,one is 34,the other is 18yrs old.They had no chuldren together.The older daughter said the now surviving spouse can live in the house that was left by the deceased,but the younger daughter wants the house.Does the oldest have the authority to decide if the surviving spouse can still live in the home until "she" dies? The surviving spouse has 6 months left to pay on a loan that the deceased had against the home,and the deceased spouse wants to stay there.She intends on paying the loan until it's payed.