Divorced - Inheritance Laws in D.R.

barclay · Apr 28, 2012

What does Dominican law state about the following situation?

A Dominican woman (a U.S. citizen for many years) married a Panamanian national and had three children. During the course of the marriage, the husband bought a house in the US and the wife bought land in DR. Only one of the tracts has the husband's name on it. The wife was a professional and earned income separately from the husband and used those funds to purchase the land.

The wife eventually divorced the husband in the U.S. The husband was given the house and the wife the property in DR. A few years later the husband went to DR and reconnected with an old mistress with which he had children, now adults. He died there, under an expired visa and green card, a year later.

Now the mistress has sued the ex-wife, in Dominican court, for any assets that may be attributed to the deceased ex-husband.

Note: it can be proved that the ex-wife supported the ex-husband financially thoroughout their marriage.

What legal protection does the ex-wife have? Will she be forced to sell her property to share with the illegitimate children who were only discovered shortly before his death?

Thanks for any clarification on this.

Givadogahome · Apr 28, 2012

was he the registered father?

barclay · Apr 28, 2012

The mistress claims she has the birth certificate. So I assume that counts as a registration.

Expat-in-Cabarete · Apr 28, 2012

Where did you get married? I would assume if you got married in the DR without a pre-nup, she may have a claim if you didnt register your divorce papers here and the DR does not recognize iw your US divorce as valid. But if you were married in the US, I can't see how she would have a claim here over US divorce laws and separation of property in a legal US divorce document.

belmont · Apr 28, 2012

Expat-in-Cabarete said:
Where did you get married? I would assume if you got married in the DR without a pre-nup, she may have a claim if you didnt register your divorce papers here and the DR does not recognize iw your US divorce as valid. But if you were married in the US, I can't see how she would have a claim here over US divorce laws and separation of property in a legal US divorce document.

Especially since the husband was not a Dominican national and did not reside in the DR during the span of the marriage.

Givadogahome · Apr 28, 2012

barclay said:
The mistress claims she has the birth certificate. So I assume that counts as a registration.

No, was he registered as the father. In public hospitals fathers are usually not allowed in for the birth (possibly with a tip, maybe) and so it is normal that the first legally binding instance is when the child is registered and both are named as the parents. This would probably be significant in which way this goes. I'm not a lawyer but I'm not sure how she could claim anything if he is not the registered father and is dead and buried.
Anyone?

Hillbilly · Apr 28, 2012

The marriage ended in divorce. US divorces are recognized in Dominican courts. End of Story.

Inheritance of the DR property will go to the children of the wife, when she dies. Nobody else can claim property, as per the divorce agreement in the US, which needs to be translated and filed in Dominican courts.

Get a lawyer in this.

HB

La Rubia · Apr 28, 2012

Givadogahome said:
No, was he registered as the father. In public hospitals fathers are usually not allowed in for the birth (possibly with a tip, maybe) and so it is normal that the first legally binding instance is when the child is registered and both are named as the parents. This would probably be significant in which way this goes. I'm not a lawyer but I'm not sure how she could claim anything if he is not the registered father and is dead and buried.
Anyone?

I agree that it's relevant whether or not the children were declared.

I also wonder why the mother is suing on behalf of adult children. Seems like once the children come of age, it's their fight. Can the mother sue?

The children also be eligible to file against the father's estate. So they could inherit the house in the US. It would seem that once the property is legally awarded to the wife, the husband, (and his heirs) have no claim to it. Don't think you need to prove that she worked for it, etc. That was considered (or not) at the divorce hearing. Once the judge ruled (or they agreed on the division of assets) the property became hers.

The DR1 legal moderator (Fabio Guzman) is taking longer these days to answer posts, so expect a delay in getting an answer from him. While you're waiting for an answer, it's probably time, if you haven't already done so, to contact a Dominican lawyer (Guzman-Ariza) are trusted by many on this site and DR1 advertisers.

EllaTO · Apr 28, 2012

La Rubia said:
I agree that it's relevant whether or not the children were declared.

I also wonder why the mother is suing on behalf of adult children. Seems like once the children come of age, it's their fight. Can the mother sue?

The children also be eligible to file against the father's estate. So they could inherit the house in the US. It would seem that once the property is legally awarded to the wife, the husband, (and his heirs) have no claim to it. Don't think you need to prove that she worked for it, etc. That was considered (or not) at the divorce hearing. Once the judge ruled (or they agreed on the division of assets) the property became hers.

This. They have no claim on the Dominican property because it doesnt form part of his estate. To allow otherwise would be the same as saying that they also have a claim against a car he owned 10 years ago but sold.

Sounds to me like the mistress is hoping for a payoff to go away.

Ella

La Rubia · Apr 28, 2012

EllaTO said:
This. They have no claim on the Dominican property because it doesnt form part of his estate. To allow otherwise would be the same as saying that they also have a claim against a car he owned 10 years ago but sold.

Sounds to me like the mistress is hoping for a payoff to go away.

Ella

Wonder how much the kids got from his estate? That's where they'd be likely entitled to something, but he probably hadn't updated his will so they weren't included. After a life time of no help she may be reaching for anything she can grab. Unfortunate for the ex-wife, as she'll have to get a lawyer to defend HER property.

barclay · Apr 28, 2012

Some clarification:

They were married and divorced in the U.S.
He never resided in the Dominican Republic
One child is an adult and named in the complaint the mistress is named because the other child is still a minor, but will become an adult in a few weeks.
He didn't leave a will and the house in the US was sold before his death. So basically the illegitimate children in DR haven't received anything. My suspicion is that this an attempt to reach a settlement of some sort, harass someone enough so that they pay you to go away. And yes, lawyers will be hired.

belmont · Apr 28, 2012

barclay said:
Some clarification:

They were married and divorced in the U.S.
He never resided in the Dominican Republic
One child is an adult and named in the complaint the mistress is named because the other child is still a minor, but will become an adult in a few weeks.
He didn't leave a will and the house in the US was sold before his death. So basically the illegitimate children in DR haven't received anything. My suspicion is that this an attempt to reach a settlement of some sort, harass someone enough so that they pay you to go away. And yes, lawyers will be hired.

Thought you said he hooked up with the mistress in the DR. The wife was totally out of the picture at that point. His illigitimate children certainly can claim against his estate, but why would you think they may have a claim against his previous wife?

La Rubia · Apr 28, 2012

Think you've got a consensus. Any of the ex-wife's property is off limits to his children, regardless of how she got it. DR will honor US divorce decree.

I wouldn't be so quick to pay her off, as there isn't grounds for the suit. At least give her the impression that you'll spend your last dime fighting her. The nerve of some people! HE left no inheritance to his children, and they have the gall to go after his former wife's property. That's certainly adding insult to injury.

barclay · Apr 28, 2012

belmont said:
Thought you said he hooked up with the mistress in the DR. The wife was totally out of the picture at that point. His illigitimate children certainly can claim against his estate, but why would you think they may have a claim against his previous wife?

He reconnected with the mistress in DR during and after the divorce. And yes, the ex-wife was no longer in the picture. As for an estate, there isn't anything except for the house he sold and a tract of land in Panama. I don't think they have a claim against the ex-wife. But they certainly think they do.

La Rubia · Apr 28, 2012

barclay said:
He reconnected with the mistress in DR during and after the divorce. And yes, the ex-wife was no longer in the picture. As for an estate, there isn't anything except for the house he sold and a tract of land in Panama. I don't think they have a claim against the ex-wife. But they certainly think they do.

If they do (HIGHLY DOUBTFUL), so does his other children. Mess with them a bit, and file a counter petition on their behalf that would ask the judge to include them in any award. Splitting the award by 5, may make it less appealing to the two who are hoping to hit big. The have no larger claim to the property because they are Dominican than his other children do. The three are likely to only want to protect mom's interest, as they would be inheriting from her anyway.

Make it as unattractive to them to continue (dispute paternity, additional heirs, etc.) as possible.

EllaTO · Apr 28, 2012

barclay said:
I don't think they have a claim against the ex-wife. But they certainly think they do.

People are free to think whatever they want... As Pi2 shows us daily. Just because they want to believe it is true doesn't make it so. Has a claim even been filed yet or are they just making noise about doing so? I would think a single stern letter from a lawyer indicating that any claim will be vigorously disputed will make this go away rather quickly.

Ella

barclay · Apr 28, 2012

EllaTO said:
People are free to think whatever they want... As Pi2 shows us daily. Just because they want to believe it is true doesn't make it so. Has a claim even been filed yet or are they just making noise about doing so? I would think a single stern letter from a lawyer indicating that any claim will be vigorously disputed will make this go away rather quickly.

Ella

A court date has actually been set. I'm sure the lawyers hired will have many tactics in mind.

EllaTO · Apr 29, 2012

barclay said:
A court date has actually been set. I'm sure the lawyers hired will have many tactics in mind.

I am surprised it has got that far... Seems entirely frivolous and without merit to me... But I am not a Dominican judge. Would love to know the outcome and read the decision when made.

Ella

barclay · Apr 30, 2012

EllaTO said:
I am surprised it has got that far... Seems entirely frivolous and without merit to me... But I am not a Dominican judge. Would love to know the outcome and read the decision when made.

Ella

Actually I was mistaken. There is not a court date set and the only document we received was a letter from the mistress and supposed daughter's lawyer basically stating they have a claim to whatever he has. Not sure why they have to go bug the ex-wife about it.

EllaTO · Apr 30, 2012

barclay said:
Actually I was mistaken. There is not a court date set and the only document we received was a letter from the mistress and supposed daughter's lawyer basically stating they have a claim to whatever he has. Not sure why they have to go bug the ex-wife about it.

They may very well have a claim against HIS estate but since he was no longer married to the ex-wife, and the divorce was settled and final long before his death, they would have no claim to anything of hers. I think they're barking up the wrong tree by trying to attach to the ex-wife's estate. People never fail to amaze me though. LOL

Divorced - Inheritance Laws in D.R.

New member

Silver

New member

Bronze

Bronze

Silver

Moderator

Bronze

New member

Bronze

New member

Bronze

Bronze

New member

Bronze

New member

New member

New member

New member

New member