Does There Exist a Legal Category Less Than Marriage?

[windeguy]

Dominican Republic's Common Law Marriage: What's The Deal? | LawShun

Learn about common-law marriages in the Dominican Republic and how they differ from traditional marriages. Discover the benefits and legal implications of this unique union.

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Marriage in the Dominican Republic

Marriages in the Dominican Republic generally fall into one of two categories: civil or canonical. Civil marriages are those in which the couple registers their marriage with the government, with the ceremony officiated by a government official, usually a Notary Public. Canonical marriages are performed by a Roman Catholic priest, with the church taking responsibility for registering the marriage with the government. Marriages in other religious denominations are also permitted.

Concubinage

While common-law marriage does not exist in the Dominican Republic, the country's laws do acknowledge concubinage, or de facto unions. Concubinage is defined as the coexistence of a man and a woman who are not united by a lawful marriage, but who live together in a common way based on an emotional relationship.

Rights and Protections

Despite not being legally married, concubines in the Dominican Republic are afforded certain rights and protections. For example, a worker has the right to a few days off work if his concubine gives birth to his child, and domestic violence against a concubine is treated the same as domestic violence against a spouse. In the event of the accidental death of one of the concubines, the surviving companion may have the right to sue for wrongful death under certain conditions, including that the couple lived as if they were husband and wife in a public, stable, long-lasting, monogamous, and non-adulterous relationship.

Property Rights

In terms of property rights, common-law marriage or concubinage does not create any community of property between the concubines. However, if a couple chooses to marry, Dominican law presumes that they enjoy Community Property rights, meaning that all property and earnings acquired during the marriage are considered community assets. Couples may also choose to enter into a different type of agreement, such as Separate Property, provided that it is in writing and approved by a government official.

Concubinage or de facto unions are not legally recognised​

In the Dominican Republic, common-law marriages do not exist. While the concept of concubinage or de facto unions is acknowledged, these are not legally recognised as equivalent to marriage.

Concubinage or de facto unions refer to the coexistence of a man and a woman who are not legally married but live together and share a common domicile. These types of relationships are not considered legally valid and do not create a community of property between the couple. However, Dominican law does acknowledge that living together in a de facto union can have certain legal consequences.

For example, the Labor Code, the Minors Code, and the Criminal Code recognise the legal implications of concubinage. In the event of domestic violence, sexual assault, or abandonment within a de facto union, the law treats these acts as serious infractions, equivalent to those in a legal marriage. Additionally, a worker is entitled to time off work if their concubine gives birth to their child.

While concubinage does not grant the same rights as a legal marriage, a Supreme Court decision in 2001 recognised the rights of a surviving concubine to sue for wrongful death under specific conditions. These conditions include a public, long-lasting, monogamous, and non-adulterous relationship between a man and a woman.

It is important to note that marriages in the Dominican Republic fall into two main categories: civil and canonical. Civil marriages are registered with the government by a government official, usually a Notary Public. Canonical marriages are performed by a Roman Catholic priest, and the church is responsible for registering the marriage with the government.

 

[DrNoob]

Just posting this : https://dr1.com/forums/threads/common-law-marriage-in-dr.106914/post-1278497 (provided earlier in this thread by @jd426 )

From Dr. Guzman in that thread :

Court decisions have evolved regarding long-term companionships (concubinato). A Supreme Court decision dated Dec. 14, 2011, states that a "concubine", just by doing housework, forms a ?de facto partnership? (sociedad de hecho) with her companion, that is subject to ?liquidation? upon his death.

It should be pointed out, however, that previous decisions of the Supreme Court have established very restrictive conditions on the rights of concubines: (a) the couple must have lived as if they were husband and wife, in a public relationship, not hidden or secret; (b) the relationship must be stable and long-lasting; (c) the relationship must be monogamous and non-adulterous from its origins; and (d) the couple should be of different sexes.

 

[windeguy]

Funny, that I don't feel compelled to prove ANYTHING to you. Why complicate my life when it's so easy with the right people in the DR?

Well, you posted I am wrong, but instead it is you who is wrong. I am fine with that.

 

[windeguy]

Liquidation for work done is hardly a 50/50 split.
But those who think there is common law marriage in the DR can continue on with that fantasy.

 

[windeguy]

Notice any common law marriage mentioned here? Nope.

https://do.usembassy.gov/services/marriage/

 

[johne]

Liquidation for work done is hardly a 50/50 split.
But those who think there is common law marriage in the DR can continue on with that fantasy.

Words of a child in a school yard fight. Have a good day.

 

[windeguy]

Rights of individuals united by concubinage.​

In principle, concubinage or common law has no legal value, it does not entail legal consequences and, unlike what many people believe, this type of union does not create any community of property among the concubines.​

Division of property in concubinage, de facto unions or common law - Krause & Asociados, lawyers & accountants in the Dominican Republic!

The division of property and goods in concubinage, de facto union or common law in the Dominican Republic.

www.drlegalcounsel.com

 

[CristoRey]

oh,
does that mean she would be entitled to 1/2 of everything you own?

In a campo court? I wouldn't bet against it.
In a city court? Probably not.

 

[Meemselle]

The OP needs to ask a lawyer, that is the only way he is going to get a correct answer.

What? The Talking Heads of DR-1 don't have every answer to everything all the time? I am so disappointed.

 

[SKY]

Remember this his very first line of the first post.

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.

So the Dr1 brain trust now decide that the "salt of the earth" is such a problem he needs a lawyer...............LOL......

 

[CristoRey]

Remember this his very first line of the first post.

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.

So the Dr1 brain trust now decide that the "salt of the earth" is such a problem he needs a lawyer...............LOL......

Dominican AI, lol...problem solved.

 

[JD Jones]

I can tell you what I'm going to do. I do not have any substantial possessions other than a ton of "Stuff," A few vehicles, and money in the bank (s).

Unless I suddenly drop dead, if I start deteriorating, I will transfer the lion's share of my funds to my caretaker's account.

I have known her long enough to know she will take care of any expenses I may have afterwards.

My Vehicles all have destinations determined, and I'll transfer them as well.

I don't care what happens to the rest of my stuff.

 

[JLSawmam]

Remember this his very first line of the first post.

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.

So the Dr1 brain trust now decide that the "salt of the earth" is such a problem he needs a lawyer...............LOL......

Because she is "salt of the earth", OP asked his question in the first post, and that led to discussion of how to ensure his assets become hers when he passes. Thus, the need for a lawyer if a will needs to be done. All the discussion about the various relationship statuses seem meaningless to me if it's not crystal-clear what it all means when one of the two pass away....if you need a lawyer to sort all that out (and cross your fingers their advice is valid), you might as well just make a will and probably save some pesos at the same time

 

[veraugamike]

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.

There absolutely is. I am amazed this has not come up in four pages of replies. It is called Declaración de Convivencia. I am in much the same situation as the OP. Many of the restrictions mentioned in the "Acto de Union Libre" posts apply. You need to be a monogamistic, hetero couple living together in a publicly acknowledged relationship for more than a set number of years. That number evades me at the moment, but it is far less than 14. We did ours in a lawyer's office. We needed 7 nonfamily members to file sworn statements acknowledging our compliance with the above-mentioned restrictions, including copies of their cedulas. The completed document is filed away in some government repository in Puerto Plata. My Dominican "wife" has all the legal rights married women have. However, it is only legally recognized here in the Dominican Republic. SSA considers me single. When I die, my Dominican wife will get the house and all the stuff that is in it, and my American daughter will get whatever happens to be in my US bank account at the time. I hope this helps.

 

[johne]

There absolutely is. I am amazed this has not come up in four pages of replies. It is called Declaración de Convivencia. I am in much the same situation as the OP. Many of the restrictions mentioned in the "Acto de Union Libre" posts apply. You need to be a monogamistic, hetero couple living together in a publicly acknowledged relationship for more than a set number of years. That number evades me at the moment, but it is far less than 14. We did ours in a lawyer's office. We needed 7 nonfamily members to file sworn statements acknowledging our compliance with the above-mentioned restrictions, including copies of their cedulas. The completed document is filed away in some government repository in Puerto Plata. My Dominican "wife" has all the legal rights married women have. However, it is only legally recognized here in the Dominican Republic. SSA considers me single. When I die, my Dominican wife will get the house and all the stuff that is in it, and my American daughter will get whatever happens to be in my US bank account at the time. I hope this helps.

Excellent approach to the SUBJECT title. I did exactly that ( with only two witnesses and a notary as I recall) then 4 years later I took it to the next step of a civil marriage , pre-nup and will to do other assets of cash in a trust fund.

 

[johne]

Well, you posted I am wrong, but instead it is you who is wrong. I am fine with that.

So that millions of people that will follow some of this information in the future I would be remiss if I again didn't say you are wrong .
First the title of the post. Doesn't it say " is there anything that exists that is LEGAL less than marriage?
Then read post # 74 for the answer at that back of the book. This is a problem with AI and the Chat channel that you are studying for your law degree. Reading comprehension is your friend.

 

[windeguy]

So that millions of people that will follow some of this information in the future I would be remiss if I again didn't say you are wrong .
First the title of the post. Doesn't it say " is there anything that exists that is LEGAL less than marriage?
Then read post # 74 for the answer at that back of the book. This is a problem with AI and the Chat channel that you are studying for your law degree. Reading comprehension is your friend.

What you are wrong about is that there is nothing in the DR besides a will that will solve the OP's problem since there is no common law marriage.

The thread wound off into other trivial information about Concubine's rights that would not work for the OP. I was answering the OP,

You are off lost in the weeds with concubines.

 

[windeguy]

There absolutely is. I am amazed this has not come up in four pages of replies. It is called Declaración de Convivencia. I am in much the same situation as the OP. Many of the restrictions mentioned in the "Acto de Union Libre" posts apply. You need to be a monogamistic, hetero couple living together in a publicly acknowledged relationship for more than a set number of years. That number evades me at the moment, but it is far less than 14. We did ours in a lawyer's office. We needed 7 nonfamily members to file sworn statements acknowledging our compliance with the above-mentioned restrictions, including copies of their cedulas. The completed document is filed away in some government repository in Puerto Plata. My Dominican "wife" has all the legal rights married women have. However, it is only legally recognized here in the Dominican Republic. SSA considers me single. When I die, my Dominican wife will get the house and all the stuff that is in it, and my American daughter will get whatever happens to be in my US bank account at the time. I hope this helps.

is there a Declaración de Convivencia in the Dominican Republic? No there is not - I suspect you have a Declaración Jurada de Convivencia, which is not the same thing.

In the Dominican Republic, there is no official or widely recognized legal figure called "Declaración de Convivencia" (Declaration of Cohabitation) like in some other countries (e.g., Argentina or Spain), where cohabiting couples can register their partnership without being married.
However, here’s what you should know:

1. Free Union ("Unión Libre")​

The concept of "unión libre" or "concubinato" exists and is socially recognized. This refers to couples who live together without being legally married.

• Legal Recognition: The Dominican legal system does not automatically grant legal status or rights to cohabiting partners as if they were married.
• However, some rights (e.g., regarding children, or possibly inheritance under special conditions) may be recognized after proving the stable nature of the union—especially if it has lasted many years and involves shared assets or children.

2. Sworn Statement (Declaración Jurada de Convivencia)​

Some couples in the Dominican Republic use a notarized sworn statement (called a declaración jurada) to affirm they live together in a stable union. This is often used for:

• Immigration or visa applications
• Social security or healthcare enrollment
• School enrollment for children
• Property or inheritance planning

These documents are drafted before a notary public and may state that the couple has been living together, sharing responsibilities, etc. But they do not carry the same legal weight as a marriage certificate.

---

Summary:​

• ✅ A formal "Declaración de Convivencia" per se does not exist as a standardized legal instrument in the Dominican Republic.
• ✅ Couples can make a declaración jurada (notarized affidavit) to state their cohabitation.
• ❌ This document does not confer full legal rights of a married couple but may be useful for certain administrative or personal matters.

Why not just get a will? Keep in mind that lawyers here will often "do what you want" and then take your money. After seeing everything about this I could find, a will is probably the best that can be done.

 

[windeguy]

If someone goes through the trouble for a

Declaración Jurada de Convivencia​

why not just do a formal will?

 

[johne]

What you are wrong about is that there is nothing in the DR besides a will that will solve the OP's problem since there is no common law marriage.

The thread wound off into other trivial information about Concubine's rights that would not work for the OP. I was answering the OP,

You are off lost in the weeds with concubines.

Even your assumptions about" lost in the weeds" is wrong. Infact much of what you post (almost 50,000) are nothing more than a Cuisinart machine which cuts and dices. I find it odd and perverse that the subjects you are obsessed with should affect your life. Did you make wrong choices and now defend to sooth your mind?
You said you were married three times. Are you married now? Tell us a bit about your personal life and not what Chat has to say on the subject matter at hand.
IFayone is "lost in the weeds" my friend it is you and your obsessions.