Who owns the house in this case? Legal question for Dr Guzman

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windeguy

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I know of a couple from Canada that lived together for more than 5 years, actually closer to 15 years. They were never married in Canada. There is no common law marriage where they live in Canada. Several years ago they came down to the DR and bought a vacation home where neither of them has spent more than a few weeks per year. The man purchased a house and had the title drawn up in only her name. Now this couple is no longer together. The question is this:

Is she the sole owner of the house and can she sell it anytime she wants to with only her signature?

The man insists that a Dominican lawyer told him that since they lived together in Canada for more than 5 years they both have to sign off on selling the house.

Is the man and his lawyer correct?
 
Hillbilly

Hillbilly

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I do not think so. I am betting that if the place is in her name, it is hers.
1) Where they lived in Canada does not have common law marriages
2) The DR does not have common law marriages.

Can't see where there is a case here..

HB
 
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william webster

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Common law marriages laws are quite common in most provinces Canada..... they endorse same sex marriages....

They're forward thinking....

I think HB is correct ..... its the RD laws that dictate
 
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belmont

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william webster said:
I think HB is correct ..... its the RD laws that dictate
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I don't see where he said that. If an action were brought in Canada, and a marriage was established, foreign property can be ordered divided by the court when disolving the marriage..
 
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william webster

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belmont said:
I don't see where he said that. If an action were brought in Canada, and a marriage was established, foreign property can be ordered divided by the court when disolving the marriage..
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This appears to be gift... from him to her..how do the Cdn courts treat gifts during the marriage, counselor?
 
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hi-tec

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I has to be decided in Canada, the country with jurisdiction over the the individuals, therefore over the properties anywhere.

same as when a person dies, no matter his citizenship, it is the court where the person resides or has domicile rather, the one with jurisdiction... to decide who gets what.

they were in DR only on vacation.

if they were not legally married still aplies the fact that they comprise a "community", just like in patnership, not even a corporation,

what happen when a partnership disolve?

If he can prove he paid for the house much better

the fact hte house was in her name is secondary, it could have been due to legal limitations, so it wsdeicde to buy on her name, maybe she was dominican to make things easier.

been almost there, done almost that
 
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belmont

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william webster said:
This appears to be gift... from him to her..how do the Cdn courts treat gifts during the marriage, counselor?
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It would be considered a gift and seperate property if it were given by a third party. But if a common law marriage were established, in most of Canada that being in a continuous conjugal relationship for greater than 12 months, it would be considered community property and divided equally. The exceptions to communty property are:
• gifts you received during your marriage from someone other than your spouse;
• property that you inherited during your marriage;
• money that you received from an insurance company because someone died; and
• money that you got or that you have a right to get as a result of a personal injury, like a car accident.
 
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belmont

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So, if I give her a car for birthday.... it gets divided BACK to me in a divorce ?
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Chances are, she'll keep hers, you'll keep yours and adjustments will be made for difference in values. Or you can be pig-headed. Fight tooth and nail, force a liquidation of all the marital property and split wharever is left after the lawyers bleed you dry.
 
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william webster

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Oh no... I'm way past that

Just asking about a gift during marriage.... they're negated?
Is that what you're saying... they repatriate at 50% ???
 
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windeguy

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The province is Ontario in Canada

william webster said:
Common law marriages laws are quite common in most provinces Canada..... they endorse same sex marriages....

They're forward thinking....

I think HB is correct ..... its the RD laws that dictate
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I also think HB is correct that RD laws dictate what happens and not Canadian laws.

Just in case it does matter, Ontario is the province in Canada. I have no idea about Canadian common law marriages and the different provinces, but I am told that Ontario does not have common law marriage. Is that correct?

Let's see what Dr. Guzman has to say, since we have several different opinions from DR1 members who are probably not lawyers in the DR or Canada.
 
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william webster

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I think that Ontario does have common law marriages... 2 years cohabitation.... correct me if wrong

Foreign assets are famously hard to collect on.... RD would be no exception

Dr Guzman took his high school education in Canada.... he is aware of the Cdn mentality.
 
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DMV123

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I am pretty sure DR law will prevail here. The law is territorial and what happens here is governed by the law here not somewhere else. I will be interested to read Dr. Guzman's response as well.
 
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windeguy

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I found this site about Ontario marriages and common law differences

I found this site about Ontario marriages and common law differences

Differences between marriage and common law separations in Canada

Differences
What are the main differences upon separation between being married and being in a common law relationship?

1. Division of property. Upon a marriage ending, there is an automatic right to equalize family property acquired during the marriage. However, if you are in a common law relationship, you have no such right in Ontario. Instead, you must rely on the nebulous legal concept known as “unjust enrichment” - you must show that your common law partner was unjustly enriched at your expense. This is one of the most complicated areas in Canadian family law. As well, because it is so complicated, and there are no clear rules, it becomes very expensive and time-consuming to enforce your rights, and often people are unable to do so.

2. Possession of the matrimonial home. Upon a marriage ending, there is an automatic right to stay in the matrimonial home, even if it is not in your name. You have no such right in a common law relationship in Ontario - if your name is not on the home, you could simply come home one day and find yourself locked out.

Not so progressive is it in Ontario?

It looks to me like because the title of the house in the DR is in her name, Canadian law will not give him any legal say in what she does with it since they were never married and the common law rules give him no legal standing in owning the DR house. What say you Dr. Guzman?
 
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belmont

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DMV123 said:
I am pretty sure DR law will prevail here. The law is territorial and what happens here is governed by the law here not somewhere else. I will be interested to read Dr. Guzman's response as well.
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Most property settlements in divorce are negotiated and worked out so nobody has to risk a judge doing it for you. ALL the marital asssets and liabilities are presented to the court with the proposed settlement for the judge to affirm. If an agreement isn't worked out, the judge will assign a value for ALL marital property a divide it equally as he sees it. The divorce takes place where you reside, not where your property is located. I guess you can ignore a judges order in Canada, if you never plan on living there again. Otherwise the Dominican property will have to go into the pot to be divided. I bet Arnold wished he had a prenup with Maria to protect his worldwide holdings.
 
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william webster

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I'm sure Gloria Steinem will cover for Sr Guzman..... she who abdicated to a life of matrimonial bliss.. she who.................... led all those women over the cliff
 
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william webster

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belmont said:
Most property settlements in divorce are negotiated and worked out so nobody has to risk a judge doing it for you. ALL the marital asssets and liabilities are presented to the court with the proposed settlement for the judge to affirm. If an agreement isn't worked out, the judge will assign a value for ALL marital property a divide it equally as he sees it. The divorce takes place where you reside, not where your property is located. I guess you can ignore a judges order in Canada, if you never plan on living there again. Otherwise the Dominican property will have to go into the pot to be divided. I bet Arnold wished he had a prenup with Maria to protect his worldwide holdings.
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Maybe Maria made him sign one..... she wasnt/isnt penniless......

How 'bout that recent NYC Bronfman divorce?..... Cocktails anyone??
Charles not Edgar
 
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windeguy

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belmont said:
Most property settlements in divorce are negotiated and worked out so nobody has to risk a judge doing it for you. ALL the marital asssets and liabilities are presented to the court with the proposed settlement for the judge to affirm. If an agreement isn't worked out, the judge will assign a value for ALL marital property a divide it equally as he sees it. The divorce takes place where you reside, not where your property is located. I guess you can ignore a judges order in Canada, if you never plan on living there again. Otherwise the Dominican property will have to go into the pot to be divided. I bet Arnold wished he had a prenup with Maria to protect his worldwide holdings.
Click to expand...

These people will continue to live in Canada and this has gone to a judge. The law is indeed different between a "full marriage" and what is called a "common law" marriage in Ontario, Canada. Significantly different. But as most are saying, the issue of the DR house will probably be decided by DR laws, so we await Dr. Guzman's response.
 
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