Any new info on this situation since originally posted? Is the guy asking for money? Asking for house? Threatening to get a lawyer? Has a lawyer who is "threatening" her with a lawsuit?
- Thread starter Dolores1
- Start date
Can my maid keep her house?
You know, don't know, Ringo, that Delores is the owner of DR1, and formerly of the Santo Domingo Times? Just had to chuckle with the "you have been here long enough"
probably since the Tainos.
...... ya. i know but didn't want to get too specific. Has the problem been solved?
I really do not see why there should be such a big issue. She needs to pay(give) him
what he put into the property. If the house is put up for sale she can take her portion
and buy or construct a smaller house for herself.
This is the same thing if they were married. The house would be divided 50/50
whether she likes it or not, the house would be put up for sale. That's how the
law is in the DR. You either give your spouse his/her portion or the house is put
up for sale and divided.
Except that in this case since they are not married she just has to give him the
amount he put into the house.
what he put into the property. If the house is put up for sale she can take her portion
and buy or construct a smaller house for herself.
This is the same thing if they were married. The house would be divided 50/50
whether she likes it or not, the house would be put up for sale. That's how the
law is in the DR. You either give your spouse his/her portion or the house is put
up for sale and divided.
Except that in this case since they are not married she just has to give him the
amount he put into the house.
Last night consulted with a lawyer friend who is in the opinion the former spouse of my maid does not have a case worth taking to court.
Her reasons:
1) He would have to have proof (receipts) that he purchased the materials to build the house.
2) This kind of case (where the man is the one who claims retribution) have been very rare in court. That is the disposition that gives equal rights to both the woman and the man in the case of non-married couples, has not come much to court where the man is claiming, and thus there are not the legal precedents that would help the man in this case.
The lawyer suggested:
That my maid get her mother to legally acquire the land. That she then register the "mejora" in her name.
She feels that if the case ever went to court, it would be unlikely the judge would rule against her.
Her reasons:
1) He would have to have proof (receipts) that he purchased the materials to build the house.
2) This kind of case (where the man is the one who claims retribution) have been very rare in court. That is the disposition that gives equal rights to both the woman and the man in the case of non-married couples, has not come much to court where the man is claiming, and thus there are not the legal precedents that would help the man in this case.
The lawyer suggested:
That my maid get her mother to legally acquire the land. That she then register the "mejora" in her name.
She feels that if the case ever went to court, it would be unlikely the judge would rule against her.
I guess it comes down to the moral character of your maid. If the guy honestly paid a good portion of the materials or did much of the work, he is entitled not only from a legal point , but also from a fairness point.
Could look at it from another angle...
He is asking for RD$100,000. They lived together for around 4-5 years. So that would be about RD$25,000 a year investing in the house over that period. If he had paid rent, it would have been around RD$60,000 a year, so he got a fair deal!
She is not selling the house, she will continue to live there. Her brothers and mother live on the same lot in different houses.
Disagree, they were in a relationship and I don't know what their split in costs were but one doesn't pay rent in a relationship. That shouldn't figure into the process at all.
Good Afternoon, I have a question if anyone knows a lady that I know has been separated for 3 years from her husband of 12 years. No court order he simply lives in a different place and they only interacted for kids visits. she bought an apartment about 3 years ago and is selling it. The husband is insisting that by law she has to give him half the money. Does that sound right?
It doesn't sound "right" to us gringos, but Dominican law is pretty clear that anything purchased during a marriage is the property of both husband and wife.
She should not have bought the apartment in her name after separating from him.
A question would be, how could she have bought the apartment and not have to split it with the husband when selling it?
If she had a company, could the company have bought the apartment and then she would not have to share it with the husband Here we are taking under consideration the husband did not contribute to the purchase price.