lunes, 23 de mayo de 2022

➤ Know the Real Estate that Enters the Legal Community that Generate Marriage and those that Do Not Enter According to the Law and Jurisprudence of the Dominican Republic ➤ Divorce Lawyers in Santiago de los Caballeros At 1 849 265 0004


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1.- GENERAL RULES APPLICABLE TO REAL ESTATE 


The general principle is that according to the norm contained in Article 1402 of the Dominican Civil Code, the real property of the spouses is deemed to be part of the matrimonial community, a presumption that yields to contrary evidence. SCJ, 1st. Camera, October 1, 2003, Number 2, pp. 199-207.


2.- IMPROVEMENTS BUILT DURING THE MARRIAGE  



From the foregoing it is also deduced that the improvements built during the marriage on a property leased to the town hall form part of the legal community of property. SCJ, 3rd. Room, July 24, 2013, Number 88, BJ 1232.


3.- REAL ESTATE ACQUIRED DURING THE MARRIAGE


Similarly, real estate acquired during the marriage enters the legal community of property even if the husband has been listed as single on the Certificate of Title. SCJ, 3rd. Camera, March 7, 2007, Number 5, BJ 1156, pp. 1336-1345.

4.- PROPERTIES THEY HAD BEFORE THE MARRIAGE


However, in accordance with the norm contained in Article 1404 of the Dominican Civil Code, the real estate owned by the spouses on the day of the celebration of their marriage does not enter community. SCJ, 3rd. Courtroom, March 28, 2012, Number 61, BJ 1216; 3rd. Camera, January 30, 2008, Number 50, BJ 1166, pp. 1029-1037.


Thus, the rights to a property acquired before the marriage do not enter the community, even if said rights are registered after the marriage for procedural reasons. SCJ, 3rd Chamber, November 9, 2012, Number 5, BJ 1224; 3rd. Camera, December 18, 2002, Number 32, BJ 1105, pp. 744-747; August 22, 2001, Number 21, BJ 1089, pgs. 844-855.


In the same order of ideas, in matters of land it has been established that if one of the spouses has started the possession of a property before the marriage, it remains an asset owned by said spouse even when the statute of limitations expires during marriage. SCJ, Salas Reunidas, June 12, 2013, Number 6, BJ 1231; 3rd. Courtroom, March 28, 2012, Number 61, BJ 1216; 3rd Chamber, January 30, 2008, Number 50, BJ 1166, pgs. 1029-1037. February 18, 2004, Number 29, BJ 1119, pgs. 917-925.


In the same way, it has been judged that the property acquired through a conditional sale before the marriage is personal property even if the payment of the unpaid balance of the price is made after the marriage. In that case, if the community is dissolved, the owner spouse must compensate the community with half of the amount paid to complete the payment of the price, in accordance with Article 1437 of the Dominican Civil Code. SCJ, 3rd. Camera, December 5, 2001, Number 1, BJ 1093, pp. 449-463; October 3, 2001, Issue 3, BJ 1091, pgs. 838-851.


5.- CHARACTERISTICS OF THE CO-OWNERSHIP RIGHT OF A REGISTERED PROPERTY


Finally, it is important to indicate that the co-ownership right that falls on a property registered and promoted in a community property is imprescriptible, by application of the  provisions of Principle IV of Law 108-05 of Real Estate Registry. SCJ, 3rd. Room, July 17, 2013, Number 38, BJ 1232.


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