hi all! my husband owns property in his name in dr. we are married in states but have never taken the time to change status on anything in the dr. we spend our time 50/50 between dr and the states. if something were to happen to my husband would i have any luck saying im his wife with us proof and papers or would all banks accounts and properties go to family ?
- Thread starter rdlover123
- Start date
Husband owns Property
I don't know the answer but my husband is currently making a Dominican will for his/our assets in the D.R. and I don't want any of the property or $ we have here. It will go to sons and family. We were married here so I have to go to the lawyers this week to sign off that I don't want anything. His cedula says he is single which has made it easy to keep me out of any legal transactions when buying property since we've been married. We both have wills in and for our Canadian assets.
yeah his cédula and everything here says single as well but i feel like a lot of people don’t even get officially married here. we haven’t even thought of a will that’s a good idea. he doesn’t want his family taking the stuff is the problem so i’m wondering if i would have a chance against the law. thanks for sharing
Is your name on the bank accounts? We married in USA too, almost 50 years ago, and his cedula still says soltero too. But I’m joint holder on bank accounts, and I was added to property title when we did our deslinde. We did buy it after our marriage, which may matter. Assets purchased prior to marriage are not considered joint property, as far as I know.
We probably should have submitted marriage documents decades ago, but never did. We do have a USA will, we probably should get a Dominican one too.
IMO it's worth the time and expense to talk to a recommended lawyer to get your answers and set up your estate as you wish it to go. Key is a good lawyer. We know a few here that I wouldn't trust as far as I could throw them; one being my BIL and another a cousin. Very charming men but slightly unscrupulous.
The following is from a post years ago, sorry but I do not have the actual quoted post.
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.
1. How much do they inherit - me 50% and them the other 50% divided between them? Or 25% each and me 25%.
Assuming that you are married under community property rules, 50% of community property belongs to you. Upon the death of a spouse, his 50% and any non-community property he may have, will be inherited by his children in equal shares. The wife is not considered an heir of her 50%. It belongs to her from the time it was acquired during marriage. This is important because of inheritance taxes. The children must pay inheritance taxes on what they receive (if they reside abroad, a 50% surcharge on taxes due applies). The wife doesn’t.
2. It was actually my money which bought the various properties and the business. I assume that makes no difference.
It may, under certain circumstances too complicated to post here. Do you work independently from your husband? Were the funds the product of the sale of your separate property? Consult an attorney.
3. Some are in his name, some mine and some joint. Do the children inherit everything or just those in his name and 50% of those in joint names? If everything is put in my name do they then not inherit anything?
It does not matter in whose name the property was recorded. If it was acquired during marriage, it is community property and the children of the deceased spouse have the right to 50%.
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.
5. Could their mothers get involved even if they are over 18?
No, assuming there is nothing pending from old divorces.
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).
I urge you and your husband to consult with an attorney specialized in estate planning. If you have properties in the U.S. and the D.R., attorneys from both countries should be involved.
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.
1. How much do they inherit - me 50% and them the other 50% divided between them? Or 25% each and me 25%.
Assuming that you are married under community property rules, 50% of community property belongs to you. Upon the death of a spouse, his 50% and any non-community property he may have, will be inherited by his children in equal shares. The wife is not considered an heir of her 50%. It belongs to her from the time it was acquired during marriage. This is important because of inheritance taxes. The children must pay inheritance taxes on what they receive (if they reside abroad, a 50% surcharge on taxes due applies). The wife doesn’t.
2. It was actually my money which bought the various properties and the business. I assume that makes no difference.
It may, under certain circumstances too complicated to post here. Do you work independently from your husband? Were the funds the product of the sale of your separate property? Consult an attorney.
3. Some are in his name, some mine and some joint. Do the children inherit everything or just those in his name and 50% of those in joint names? If everything is put in my name do they then not inherit anything?
It does not matter in whose name the property was recorded. If it was acquired during marriage, it is community property and the children of the deceased spouse have the right to 50%.
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.
5. Could their mothers get involved even if they are over 18?
No, assuming there is nothing pending from old divorces.
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).
I urge you and your husband to consult with an attorney specialized in estate planning. If you have properties in the U.S. and the D.R., attorneys from both countries should be involved.
