Does There Exist a Legal Category Less Than Marriage?

USA DOC

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I have been with my "wife" (dominicana) for almost 14 years. She is 63 and I am 72. She is "salt of the earth" and we plan on staying together for life. Further, as we are both growing older and developing age-related challenges, we need each other more and more.

I cannot marry legally because I would lose 50% of my income due to this change of SSA status. And I'm not going to lie. I'm going to die, but I'm not going to lie! LOL!

When I leave the DR1 and fill out the paperwork, I notice the category "concubinage."

Is there any Dominican legal status that we could establish to recognize our relationship formally that would not affect my status with respect to U.S. law in general and SSA requirements in particular?

I want to find some way to honor our relationship. Sure, we refer to each other as wife and husband as is part of the culture here and even more so in Haiti but I want to find some way to take our relationship to the next level with respect to recognition.
I have been married for 9 years here and never lost any of my income... what I have been thinking about at my age .... how many good wifes do I have left in me... I fair and honest question for some of you out there
 

Lucas61

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You could create a will that does what I think you are asking about. Common Law marriage does not exist in the DR, so you are "safe" there in you situation from being legally married and losing US benefits.

Concubinage has some legal ramifications, but I don't think the ones you are asking about apply , so doing a will might be the best you can do. The only way to be "legal" is to be married.
Oh, well. Yeah, I agree about the will. One thing, though. She knows NOTHING about it. All of that is worked out behind the scenes. This is a dangerous country. My wife tells a friend who tells a friend who tells a friend . . . well, you can guess the rest.
 

Lucas61

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If you LIVE with a Dominican Woman in the DR, you are considered Married to her in Dominican Culture .
There is not time frame , like years or anything.
was this a Trick question ?
No, I accept that here and in Haiti--but moreso in Haiti than here--anyone you stay with, you are married. So I just go along with the cultural expectation. I have no problem with it.
 

jd426

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I was told back in 2014, after two years of living together it's considered "common law" marriage.
No idea how accurate that information was.
There is no such thing as Common Law Marriage in the DR ...
I have never heard it said, or ever read anything like that .
but hey , maybe its new .


And What I meant was the Woman will CONSIDER you her Husband , when you move in together.. does not matter if you are Legally married or not .
In Court it will probably not hold up.. but to her you are the Esposo,
This is probably so her family does not have to think they are just sleeping together , maybe religious reasons behind it .
Its their Culture
Im surprised there is so much confusion about this though

it was also discussed on this Forum years ago..
I dont think anything has changed since 2014

 
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windeguy

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Oh, well. Yeah, I agree about the will. One thing, though. She knows NOTHING about it. All of that is worked out behind the scenes. This is a dangerous country. My wife tells a friend who tells a friend who tells a friend . . . well, you can guess the rest.
Yep. I have always said that I don't want to be worth more dead than alive.
 

windeguy

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CristoRey said:
I was told back in 2014, after two years of living together it's considered "common law" marriage.
No idea how accurate that information was.

There is no common law marriage in the DR. The information you got is 100% wrong.

As for Union Libre

What is Unión Libre?​

Unión Libre refers to a couple living together in a stable relationship without being legally married—often called a common-law union or de facto union in other countries.

Legal Recognition in the Dominican Republic:​

  • The Dominican legal system does not officially recognize Unión Libre as equivalent to marriage in terms of inheritance rights, property division, alimony, or pension rights.
  • However, in some family and civil matters, courts may consider the relationship when ruling on things like child support, custody, or division of jointly acquired property—especially if the couple lived together for many years and can prove joint economic efforts.

Key Points:​

  • There is no official registry or legal procedure for Unión Libre.
  • Children born from a Unión Libre have the same rights as those born to married couples.
  • Partners in a Unión Libre cannot inherit automatically unless specified in a will.
  • For legal protection, many couples in Unión Libre choose to sign cohabitation or property agreements.

Summary:​

Yes, Unión Libre is a common social practice in the Dominican Republic, but it lacks formal legal protection unless supported by other legal tools (like wills or contracts). For full rights like those of a married couple, a civil marriage is still required.
 
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windeguy

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Use a will. Use a will Use a will........... You can have as many witenees to a union libre as you want, it is not a marriage and won't serve your, the OP's, purposes.

Another detail in the DR, if you have kids, you cannot write them out of a will. At least it is almost impossible to do so.
 

SantiagoDR

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Use a will. Use a will Use a will........... You can have as many witenees to a union libre as you want, it is not a marriage and won't serve your, the OP's, purposes.

Another detail in the DR, if you have kids, you cannot write them out of a will. At least it is almost impossible to do so.
I saved the following from the Legal forum years ago......

In terms of inheritance, the order of beneficiaries is similar to that of the United States, with the exception that the children are first in line, followed by parents and siblings, grandparents, uncles and aunts, then the spouse. If there are no surviving relatives, the estate goes to the state.

4. I assume it is no point in him making a will? He has one leaving everything to me - but no doubt it would be overruled by the law of the land?

Incorrect. Because of forced heirship rules, you will not be able to get the whole estate as in the U.S., but your husband may leave up to 25% of his share to you.

6. Could they sign a paper now, to say that they waive their right to inheritance if their father dies first (I have a will saying he inherits from me, so if I pop my clogs first then he gets everything anyway and I have no kids, Dominican or any other nationality!). We could get them to sign something saying they waive their rights to inheritance on his death but will get everything when I die later????

Under Dominican law all agreements or contracts regarding a future inheritance are null and void (Art. 1130 of the Civil Code).
 
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JLSawmam

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Recently I tried to add a beneficiary to my DR bank accounts (with Popular) and found out they do not have such a thing. What is easy in the US and I assume many other countries can't be done here. It's not that I have large amounts in those accounts, but I'd rather designate who gets that money if I pass, otherwise the bank keeps it. I then found out a power of attorney also can't be done for that purpose, so a will is the only solution. Not knowing all the OP's details, a will for his DR assets certainly should be considered.
 
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SKY

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Recently I tried to add a beneficiary to my DR bank accounts (with Popular) and found out they do not have such a thing. What is easy in the US and I assume many other countries can't be done here. It's not that I have large amounts in those accounts, but I'd rather designate who gets that money if I pass, otherwise the bank keeps it. I then found out a power of attorney also can't be done for that purpose, so a will is the only solution. Not knowing all the OP's details, a will for his DR assets certainly should be considered.
Most banks here have Joint accounts. Make it for her...............
 
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JLSawmam

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Most banks here have Joint accounts. Make it for her...............
Yes, there are joint accounts. In my case, I do not want to add a person to my account, only want them to be able to withdraw those funds if I pass away. It would be so much easier to just name a beneficiary, but that is not an option here. Bank accounts, among other things, should be considered by the OP, to ensure his assets go where he wishes.
 

josh2203

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There is no common law marriage in the DR. The information you got is 100% wrong.

As for Union Libre

What is Unión Libre?​

Unión Libre refers to a couple living together in a stable relationship without being legally married—often called a common-law union or de facto union in other countries.

Legal Recognition in the Dominican Republic:​

  • The Dominican legal system does not officially recognize Unión Libre as equivalent to marriage in terms of inheritance rights, property division, alimony, or pension rights.
  • However, in some family and civil matters, courts may consider the relationship when ruling on things like child support, custody, or division of jointly acquired property—especially if the couple lived together for many years and can prove joint economic efforts.

Key Points:​

  • There is no official registry or legal procedure for Unión Libre.
  • Children born from a Unión Libre have the same rights as those born to married couples.
  • Partners in a Unión Libre cannot inherit automatically unless specified in a will.
  • For legal protection, many couples in Unión Libre choose to sign cohabitation or property agreements.

Summary:​

Yes, Unión Libre is a common social practice in the Dominican Republic, but it lacks formal legal protection unless supported by other legal tools (like wills or contracts). For full rights like those of a married couple, a civil marriage is still required.

I have no comment nor knowledge as to what is right or incorrect information, just stating that my FIL and his spouse (not officially married) have been together for 30+ years now, they have had to use lawyers due to business and I don't know who advised them, but I know that they are strict in keeping their properties in their own names (as in, the spouse has his real estate in her name, my FIL his properties in his name) and the "family rumor" goes that this is because the spouse does want to make absolutely sure that my FIL gets nothing (but all goes to her daughter) when she passes. Again, I have no idea if this is so, just something I have heard over and over again during the years. This spouse of my FIL is not really the favorite person in the family, never has been, but that's another story...
 

Meemselle

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Yes, there are joint accounts. In my case, I do not want to add a person to my account, only want them to be able to withdraw those funds if I pass away. It would be so much easier to just name a beneficiary, but that is not an option here. Bank accounts, among other things, should be considered by the OP, to ensure his assets go where he wishes.
WHEN you die, not if.

According to a 2001 judgment from the Criminal Division of the Dominican Republic's Supreme Court of Justice, concubinage has the following characteristics:

  • Cohabitation: The couple must live together in a common domicile
  • Notoriety: The relationship must be public knowledge
  • Singularity: The relationship must only involve two people, and neither of them can be in a similar relationship with anyone else
  • Permanence: The relationship must be lasting, and some say it should last at least three years
Dominican law has addressed concubinage in a few ways, including property rights and compensation for damages in the event of a concubine's death. For example, as of 2016, the Dominican Republic's Civil Code only provided for the inheritance rights of spouses, not partners in free unions. However, the government was considering a reform that would grant inheritance rights to partners in free unions, but as of 2016, there was no indication that this had become law. There are also many lawsuits related to compensation for damages suffered by a concubine in the event of their partner's death.

So you probably might want to check with a lawyer to find out more about the 2016 proposal, although as it's nearly 10 years, one would think word might have trickled out. But then again......