Common law marriage in DR

snoopy15

New member
Jan 22, 2013
19
0
0
How long do you need to be living with someone here in DR in order for you to be considered ''common law married''?

I have been living with my chick and her daughter at this apart hotel for few months, I am looking to rent a house soon and move there. However I want to know the common laws here.

Can she file any paperwork against me and have me support her?

I would appreciate any advice on this.

If you could recommend a website or a book with more info on this it would be great.
 
Apr 13, 2011
680
0
0
If you have been living with her for a few months, then she is already telling everyone that you are her "esposo" not just her "novio" :)
But legally, I am sure it is longer than just a few months...
There are many stories - if she does leave you after you rent a house, then she might take all the furniture, but I doubt she will go after any spousal support (unless you give her that idea)...
Just try to enjoy your time for now. I would not worry about any common law marriage worries until you are with her for quite a few years - and since all gringos are "rich" (even if they are not), therefor could afford to have a real marriage ceremony, she will want a real marriage at some point...
 

the gorgon

Platinum
Sep 16, 2010
33,997
83
0
How long do you need to be living with someone here in DR in order for you to be considered ''common law married''?

I have been living with my chick and her daughter at this apart hotel for few months, I am looking to rent a house soon and move there. However I want to know the common laws here.

Can she file any paperwork against me and have me support her?

I would appreciate any advice on this.

If you could recommend a website or a book with more info on this it would be great.

it depends upon which fiscal is presiding over the case when you are fighting to get back the furniture she took while you were at La Sirena.
 

HUG

Silver
Feb 3, 2009
3,940
1
0
I recently separated from a 6 year relationship, not married but with one child. The court did not recognise common law, but tried to be fair. She wanted all the furniture, I was happy to give it, the judge warned me that only the child was 50% my responsibility! financially and otherwise. I was not obligated to give her all but it would be nice to give her half to help set her up. I gave her everything for the child, she was awarded nothing under obligation. I hear people talking about common law here and obviously in my experience it does not exist. No lawyer needed as I was happy to depart with our belonging. Keep receipts and you have no obligations if the child is not yours, family courts are very reasonable, but I expect if you get a racist drunk judge of which there are many, then you throw your dice.
If you want to be sure not to lose anything, then don't buy anything, rent, and keep all you money abroad and evidence of accounts away from her snooping nature (believe me, she does) when you are not home.
 

windeguy

Platinum
Jul 10, 2004
42,578
6,190
113
Did the law change?

Common law marriages do not exist 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 concubine gives birth to his child; domestic violence to a concubine is treated the same as domestic violence to a wife. A Supreme Court decisiion in 2001 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”.

A bill was introduced in Congress some time ago to create common law marriages. I doubt it will ever pass since the Catholic Church is dead set against it.

Fabio J. Guzman
Guzman Ariza
Attorneys-at-Law
Sos?a, Santo Domingo, San Francisco de Macor?s, Cabrera
Las Terrenas, Saman?, B?varo (Punta Cana) and La Romana
Dominican Republic
 

pauleast

*** I love DR1 ***
Jan 29, 2012
2,837
1
0
My meaningful, loving and long term relationships are all handled at Cabanas.
 

Criss Colon

Platinum
Jan 2, 2002
21,843
191
0
38
yahoomail.com
"HUGS" have you has a "DNA" test to prove your paternity of the child???
You might not be a "Baby Daddy" after all!
Never hurts to find out when you have a "6 Year Relationship".
Cris CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCColon
 

bob saunders

Platinum
Jan 1, 2002
32,766
6,165
113
dr1.com
"HUGS" have you has a "DNA" test to prove your paternity of the child???
You might not be a "Baby Daddy" after all!
Never hurts to find out when you have a "6 Year Relationship".
Cris CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCColon

You're a lovely fellow.
 

skynet

Bronze
Aug 25, 2013
1,238
0
0
RUN!!! my ex of 5 years had me locked up for 13 hours just so she had time to clean out my apartment! 42 inch TV, Sofa's Stove, everything!!!! Run dude, failr warning!!! or get a prenup



How long do you need to be living with someone here in DR in order for you to be considered ''common law married''?

I have been living with my chick and her daughter at this apart hotel for few months, I am looking to rent a house soon and move there. However I want to know the common laws here.

Can she file any paperwork against me and have me support her?

I would appreciate any advice on this.

If you could recommend a website or a book with more info on this it would be great.
 

skynet

Bronze
Aug 25, 2013
1,238
0
0
Spoken with true experience!!!! use them! now get your clothes on and leave! K??? mi papi..insert boot in arse, open door, kick!,close door..


My meaningful, loving and long term relationships are all handled at Cabanas.
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
2,365
260
83
www.drlawyer.com
Court decisions have evolved regarding long-term companionships (concubinato). A Supreme Court decision dated Dec. 14, 2011, states that a "concubine", just by doing housework, forms a ?de facto partnership? (sociedad de hecho) with her companion, that is subject to ?liquidation? upon his death.

It should be pointed out, however, that previous decisions of the Supreme Court have established very restrictive conditions on the rights of concubines: (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 from its origins; and (d) the couple should be of different sexes.