A couple (both Dominican) buy a newly built house together (in Santo Domingo Este) while living abroad.
He could not get away due to work so she went and signed for the property alone.
Only her name is on the title.
A couple of years later he decides he wants to move back to the DR (which he does) hoping she will follow.
She only comes to visit twice a year (this goes on for 5 years).
Together they have a second floor added onto the house.
He feels she is not going to come back to live in the DR anytime soon and decides to move on.
He still lives in the house, she does not.
They argue about what to do about the house but never reach an agreement.
He gets married to someone else.
He has kids.
He moves out (physically) but always leaves belongings there in order to prove some kind of belonging to the property and checks in on it.
She still lives abroad.
She rents out the first floor.
His belongings are moved to the second floor.
He leaves the country for several months.
He makes sure a friend checks in on his things and stays there several nights a week.
He comes back and reassumes the second floor living quarters (there is no independent entrance).
The first floor is still rented to a third party.
She still lives abroad.
She comes down for Christmas (stays with her mom, still does not inhabit the house).
They argue again over who has a right to what.
He feels that if he goes to court and proves that they were in a common law relationship when the house was bought and that he is the only one who has occupied the house as a primary dwelling (and he can provide proof of payment of renovations and utilities, and bring neighbours to testify for him) that he will surely be awarded 50% ownership of the property. Regardless of having started a new life. He feels that he MUST keep a foot in the door or all hope is lost.
I think that if she is only in the country a couple of times a year, it will be hard for him to get her in court or have any judgement enforced, I think he will spend a lot of money and a lot of time fighting her in court and still get shafted. I believe all hope is already lost.
What does the law say?
He could not get away due to work so she went and signed for the property alone.
Only her name is on the title.
A couple of years later he decides he wants to move back to the DR (which he does) hoping she will follow.
She only comes to visit twice a year (this goes on for 5 years).
Together they have a second floor added onto the house.
He feels she is not going to come back to live in the DR anytime soon and decides to move on.
He still lives in the house, she does not.
They argue about what to do about the house but never reach an agreement.
He gets married to someone else.
He has kids.
He moves out (physically) but always leaves belongings there in order to prove some kind of belonging to the property and checks in on it.
She still lives abroad.
She rents out the first floor.
His belongings are moved to the second floor.
He leaves the country for several months.
He makes sure a friend checks in on his things and stays there several nights a week.
He comes back and reassumes the second floor living quarters (there is no independent entrance).
The first floor is still rented to a third party.
She still lives abroad.
She comes down for Christmas (stays with her mom, still does not inhabit the house).
They argue again over who has a right to what.
He feels that if he goes to court and proves that they were in a common law relationship when the house was bought and that he is the only one who has occupied the house as a primary dwelling (and he can provide proof of payment of renovations and utilities, and bring neighbours to testify for him) that he will surely be awarded 50% ownership of the property. Regardless of having started a new life. He feels that he MUST keep a foot in the door or all hope is lost.
I think that if she is only in the country a couple of times a year, it will be hard for him to get her in court or have any judgement enforced, I think he will spend a lot of money and a lot of time fighting her in court and still get shafted. I believe all hope is already lost.
What does the law say?
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