yet another inheritance question

A

Alexissp

New member
Jul 17, 2003
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Ok here goes..

there's unnecessary info but at least you get the entire picture/
My uncle was legally married to his first wife. They had a child. He later divorced his first wife.

Years later he married his second wife. 4 years after they were married, he sent her to the DR to purchase an apartment with his money - but the Apartment was purchased in her name.

Now, my uncle is dying (he can't communicate in any way) & my aunt is trying to sell the apartment before he dies so that she doesn't have to share the money with my cousin/his only child.

1) is my cousin entitiled to anything that was obtained after my uncle married the second wife?
2) if she is entitled to $$, what percent - 50% or 25%

-is there a place on the net that has the famous Art 740 of the civil code?
thanks!
 
F

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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www.drlawyer.com
Assuming there is no prenuptial agreement providing for separation of assets, the apartment purchased by your uncle?s second wife is an asset of the matrimonial community, meaning that it belongs 50-50 to the spouses.

Your uncle?s wife will not be able to sell the apartment by herself, even if it?s in her sole name, because the sale of a matrimonial asset requires the signatures of both spouses. The Registrar of Title will refuse to transfer property with just one signature whenever the owner shows up as married on the title.

If your cousin is your uncle?s only child, and there is no will, your cousin will inherit 100% of his father?s assets, including 50% of the apartment.

Article 740 of the Civil Code has nothing to do with the case at hand unless your cousin is also dying and has children himself. In that hypothesis, your cousin?s children will inherit their grandfather?s assets.
 
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