Inheritence

travi3sita

Newbie
Jun 30, 2015
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I was born in the United States from parents of the Dominican Republic. I been living for 17yrs with my Common Law Husband and have 3 children with him ages 11, 6, and 2. He has a property in the Dominican Republic that was purchased while living with me and I have invested in the property. When we travel on vacation to the Dominican Republic we stay in the property.

Four years ago my spouse had an affair with a woman in the Dominican Republic and they had a child together. The affair continued throughout the four years every time he traveled alone and the child will be 3yrs. The other woman never stepped foot in the property and hasn't invested a dime they always stayed at his mothers house when he was with her. I forgiven the affair and we are working on our relationship.

My question is the following: I was informed if my husband were to die before me that because I am not legally married to him, the property is only in his name and I am from another country that this other woman would be able to claim the property with her son and I wouldn't be considered his wife even though I was clearly with him longer than she was.

I do not mind her son receiving his share I understand that because he is his son he is able to claim his inheritance but being that I have invested in the property and the relationship I do not think its correct that she may be able to keep a property that was never hers just because she born there and I wasnt.

Please let me know if we should be doing anything to avoid something like this.
 

donP

Newbie
Dec 14, 2008
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Don't feed them!

... if we should be doing anything to avoid something like this.

What amount of money (your investment) are we talking about?
Unless it's really a substancial sum, you may pay more what it is worth to
what they call abogados here.

:tired:

donP
 

travi3sita

Newbie
Jun 30, 2015
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I do not really know how much the property is worth since Dominican value is different the US but I would consider it should be worth a good amount. He purchased the solar about 14 or 15yrs ago for $10,000 US dollars and started construction on the property soon after. He build it strong enough to hold five floors if in case he wanted to continue construction. On the first floor he has two stores currently rented and a garage for his car. On the 2nd floor their are two (2 bedroom) apartments one is rented and the other is ours for us to stay when we travel. Right now he receives about $25,000 Dominican currency of rent which his lawyer claims $1,500 for collecting and depositing the rent for him. That's all I know about the property.
 

william webster

Platinum
Jan 16, 2009
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While you are 'working on your relationship'

why not move this subject higher on the agenda?

your position sounds reasonable.

A proper letter of direction from him and the lawyers are minimized
 

donP

Newbie
Dec 14, 2008
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Common Children

I guess, a bad-ass laywer (in the US) could see some mean leverage there... :pirate:
But this would also mean the end of your relationship.

donP
 

jd426

Gold
Dec 12, 2009
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Not meaning to be disrespectful.,. but why should people give you advice on such a HYPOTHETICAL situation ? and especially since that Hypothetical scenario involves the death of another person, who may have HIS side of the story to tell.

this is what Lawyers are for..
 

AlterEgo

Administrator
Staff member
Jan 9, 2009
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South Coast
Not meaning to be disrespectful.,. but why should people give you advice on such a HYPOTHETICAL situation ? and especially since that Hypothetical scenario involves the death of another person, who may have HIS side of the story to tell.

this is what Lawyers are for..

Probably why she put it in the "Legal Forum".

Hopefully Sr. Guzman will post his opinion. The rest of us should stop speculating.
 

william webster

Platinum
Jan 16, 2009
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I did my first divorce 'sin lawyer'.... on the advice of a lawyer

If you can be reasonable and talk it through, he said............ best solution

worked well.... for me
 

mountainannie

Platinum
Dec 11, 2003
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elizabetheames.blogspot.com
I am not a lawyer, nor do I play one on internet forums, but - as I understand Dominican law, it is the CHILDREN who have the right of inheritance -- not you. Your CHILDREN as His children -- have the rights to3/4 of the property... the other child to the other 1/4 ... He cannot disinherit his children, as I understand it, so even writing a will leaving you the entire property would not obviate the claim that this other son has on it, Just make sure that your children are declared as his legal children.. maybe, perhaps,. even get them their DOMINICAN Cedulas? .. (it is all the rage now!)
 

jd426

Gold
Dec 12, 2009
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Anyone who uses the word obviate properly in a sentence , probably knows what she is talking about..

lol

good advice..
 

travi3sita

Newbie
Jun 30, 2015
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If you can be reasonable and talk it through

Reasonable and talk it through with who? My husband or the Other Woman?

Unless someone wants WWIII to start against me and the Other woman their is no talking with her.

My husband always thought that since we lived together the property would go directly to me and my children. Its only now that we are learning that she may stay with the property just because they had a relationship and she lives out there. He would rather sell the property then have her get a hold of the property for herself.

Should I suggest to him that he just write a living will saying that the property should be equally divided to his children. I was never interested in the property and he knows that it was meant to be left to the children but I wont allow a woman who was just a fling stay with that property. Once again I clarify I understand the son she has with my husband has his rights my issue is her. How can she have more rights when she was only with him 4yrs than me who been with him 19yrs and living 17yrs?
 
Aug 6, 2006
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I would think that a properly drawn up will signed by your husband would be the surest way to go, if you can get him to do it.
 

travi3sita

Newbie
Jun 30, 2015
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Thank you all for the advice.

I will speak to my husband to have his lawyer write and legalize a document stating that the property be divided amongst his kids. Our three Children and their son.

Like I said from the beginning I didn't have an issue with his son claiming anything if it came down to it my concern was that she tried to claim it as his wife when neither of us were legally married to him and I have more yrs with him.
 

SKY

Gold
Apr 11, 2004
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If he is intent on you getting the property why not just sell it to you now for a modest sum? But then if you die first there are more problems. :surprised
 

Criss Colon

Platinum
Jan 2, 2002
21,843
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yahoomail.com
Your anger toward the "Other Woman" is misdirected!!!!!!

Unless you plan to be here to pay a lot of time, and money,and still get nothing, forget about the DR and move on!!!!

CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
 

tmnyc

New member
Oct 19, 2006
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I would think that a properly drawn up will signed by your husband would be the surest way to go, if you can get him to do it.

:confused:

Isn't it true that under Dominican law all agreements or contracts regarding a future inheritance are null and void?
 

DRob

Gold
Aug 15, 2007
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:confused:

Isn't it true that under Dominican law all agreements or contracts regarding a future inheritance are null and void?

A will, which is not an agreement if executed by one person only, does precisely that. I'm not a DR lawyer, but I do this all the time in the states, and have clients living in the DR.

Annie is right, baby mommas count for nothing in terms of inheritances, it's all about the kids.