Common law marriage

SwidskiEsq.

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Is a man and a woman who were divorced in Florida in the 1990's considered "common law" married if they live in DR for a number of years after the divorce? The man died and the woman is trying to obtain Florida real property in the man's estate filed in Florida based on the DR law. Any help will be greatly appreciated.
 

Hillbilly

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they were living together in the Dominican Republic?
If memory serves, a relationship that is long lasting, public and recognized by friends is considered to be a valid base for inheritance in the Dominican Republic. In Florida, I do not know, it seems a stretch...I am sure our legal expert Mr Guzman, can provide a clearer picture on this scenario.

HB
 

SwidskiEsq.

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Yes. they lived for a couple of years together in DR after they were divorced in FLorida. The man had property in Florida and the ex spouse is attempting to get the property based an a "common law" marriage in DR.
 

Hillbilly

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The woman would have to prove that the relationship was fulfilling the Dominican legal requirements for inheritance, IMO.. I am NOT a lawyer!!!! I just read a lot.

Wait for Mr. Guzman to answer this.

HB
 

Fabio J. Guzman

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There is no such thing as a "common law marriage" in the Dominican Republic. Living together is never equivalent to a normal marriage.

However, certain provisions in the Labor Code, the Minors Code and the Criminal Code acknowledge that living together has legal consequences. For example, a worker has the right to a few days off work if his or her companion gives birth to his child; domestic violence to a companion treated the same as domestic violence to a wife. On October 17, 2001, a Supreme Court decision gave a surviving concubine the right to sue for the wrongful death of her companion in an automobile accident under very restrictive conditions: a) the couple must have lived as if they were husband and wife, in a public relationship, not hidden or secret; b) the relationship must be stable and long-lasting; c) the relationship must be monogamous and non-adulterous since its origins ; and d) the couple should be of different sexes. The ruling goes on to say expressly that "marriage and extra matrimonial companionship are not . . equivalent realities?.

Other courts have expanded these rights to other areas but are in the process of appeals. A bill has also been introduced in Congress to create common law marriages. I doubt it will pass since the Catholic Church is dead set against it.
 

Hillbilly

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THERE, that should set things straight. I did not see any reference to inheritance, did you?

HB
 

SwidskiEsq.

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Yeah, But

Yeah according to Guzman, there is no common law marriage but are one of the limited rights, the right to inheritance?
 

Fabio J. Guzman

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Spouses don't inherit each other in the Dominican Republic, except in extremely unusual circumstances (no relatives to the "12th degree").

Spouses married under community property, however, do share 50-50 all community assets, and in case of divorce, have rights over 50% of those assets. The question is whether a Dominican Court will apply the same principle to a couple living together but not married. Some lower courts have done so, but the cases are still on appeal so we won't know for sure until the Supreme Court rules on the appeals.
 

SwidskiEsq.

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inheritance rights in common law marriage

Dear Mr. Guzman: Thank you for your reply. Is there a way for me to get the citations to the cases on appeal and English translations? I am an attorney in Fort Lauderdale, Florida and have a case reagrding the issues we have been discussing. Thank you very much for your help.
 

windeguy

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Jul 10, 2004
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Update please about common law marriage in the DR

Spouses don't inherit each other in the Dominican Republic, except in extremely unusual circumstances (no relatives to the "12th degree").

Spouses married under community property, however, do share 50-50 all community assets, and in case of divorce, have rights over 50% of those assets. The question is whether a Dominican Court will apply the same principle to a couple living together but not married. Some lower courts have done so, but the cases are still on appeal so we won't know for sure until the Supreme Court rules on the appeals.

Dr. Guzman. Do you have updates on the status of common law marriage and what the courts ruled about it in the DR?
 

Expat13

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Jun 7, 2008
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There is no such thing as a "common law marriage" in the Dominican Republic. Living together is never equivalent to a normal marriage.

However, certain provisions in the Labor Code, the Minors Code and the Criminal Code acknowledge that living together has legal consequences. For example, a worker has the right to a few days off work if his or her companion gives birth to his child; domestic violence to a companion treated the same as domestic violence to a wife. On October 17, 2001, a Supreme Court decision gave a surviving concubine the right to sue for the wrongful death of her companion in an automobile accident under very restrictive conditions: a) the couple must have lived as if they were husband and wife, in a public relationship, not hidden or secret; b) the relationship must be stable and long-lasting; c) the relationship must be monogamous and non-adulterous since its origins ; and d) the couple should be of different sexes. The ruling goes on to say expressly that "marriage and extra matrimonial companionship are not . . equivalent realities?.

Other courts have expanded these rights to other areas but are in the process of appeals. A bill has also been introduced in Congress to create common law marriages. I doubt it will pass since the Catholic Church is dead set against it.

I heard a rumour that this law has been changed as of this week, acknowledging Common Law. Can anyone confirm this?
 

Hillbilly

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I talked to one of my lawyers this week and she did not say anything about this.

HB
 

Expat13

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common law

I hear this news was in the El Dia paper on tuesday. Hopefull Mr. Guzman can confirm this.
 

Hillbilly

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In today's newspaper, one of the writers of the new Constitution, Victor Joaquin Castellanos, said that he "hopes" that the legislation is passed which will recognize these "free unions" since the DR is the country with the second highest rate of free unions in Latin America, over 50%. The legislation has been in the Congress for years. It was approved by the Chamber of Deputies and will now go to the Senate.
This is not a new law. This is a complete new Civil Code, one that would replace the one that has been in place since 1850s.

It is not yet law.

HB
 

HUG

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Feb 3, 2009
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As of November last year there is still no such thing, if this has changed since then I do not know, but I very much doubt it or we would have certainly heard about it on here.