11
Nov

A division of assets is a process that can take place during and after divorce proceedings. Due to its nature, this is a recurring topic in our Dominican legislation. This division of property can be done amicably or judicially, by a specialized court with jurisdiction.

We would like to remind you that a marriage bond is severed with a divorce, and there are courts specialized in the matter. Divorce proceedings in the Dominican Republic can be:

1. By mutual consent or
2. By cause.
   

When a marriage union is terminated through divorce, it immediately sets off other matters, such as:

• Child custody.
• Child support.
• And something very important; division of the assets shared during marriage.

This article will refer specifically to what is established by the legislation on the time frame (statute of limitations) allowed for claiming and dividing the existing assets within a marriage that was dissolved through divorce.

Before determining if a partition or division of assets would be possible after the divorce, remember that you have to verify the conjugal property system that governs your marriage. To identify it, you can consult the following content, Which conjugal property systems are contemplated by Dominican Legislation.

Time frame (Statute of limitations) allowed for Division of Assets after a Divorce

The legal basis for this issue is clear and emphatically establishes when one of the parties is outside of the time frame allowed to claim the division; which is the corresponding portion of the assets acquired during marriage and assumed to be owned by both parties.

The civil code of the Dominican Republic clearly establishes the time frame provided to claim or initiate a division of assets process after a divorce, and this period is: 2 YEARS.

“The action of joint matrimonial assets division by divorce, will be barred due to expiration of the statute of limitations two years after the sentence was posted, if the claim has not been attempted during that time. After a dissolution of marriage by divorce, the liquidation and division of assets will be considered complete if within two years following the posting of the divorce decree, none of the spouses assume the condition of a complying party for the purpose of taking it into effect. Each spouse will keep what they have in their possession. ”

To date, two (2) exceptions have been established, that are exempt from this statute of limitations, these are:

A). If there is real estate registered under both spouses, there is no statue of limitations. Both spouses are assumed to be co-owners.

B). If the title of a real estate property, was issued during the time in which the acquirer was married and their Marital status shown them as married, the other party is considered to be a co-owner. Consequently, there is no statute of limitations and ownership is always considered, even after a divorce.

This is determined by the interpretation of the maximum which establishes the following:
“when it comes to registered property, there is no statute of limitations”. As a result, your property will always be yours, regardless of the time frame.

In addition to what is established in principle IV of Law 108-05, on Real Estate Registration “All rights registered in accordance with this Law are exempt from statute of limitations and enjoy the absolute protection and guarantee of the State.”

“According with principle IV of Law 108-05, on Real Estate Registration, in terms of real estate already registered, there is no statute of limitations of 2 years as established in the Dominican Civil Code. However, in the case of Unregistered real estate and movable property, the statute does apply, as established in article 2279 of the Civil Code which states: “in the matter of furniture, possession is as bearing a title”.

No exception is known for the other joint matrimonial assets.

What happens if the separation is not made within 2 years established in the Civil Code?

According to the Dominican Civil Code, if the division is not made within the established period of 2 years, the partition of the matrimonial community will be considered complete. Additionally, according to the legislator, each of the parties will retain each of the assets they own at that point.

Then what goods are part of this 2 year term?

All joint marital assets and liabilities that may exist and that are registered under the name of one of the former spouses, such as:

• Shares.
• Vehicles.
• Bank accounts.
• Investment Certificates.
• And a very important one is Liabilities or “debts.”

Remember that debts are considered part of marital assets. As a result, if you are claiming assets, liabilities are automatically included.

Why is this case so important?

Debts or liabilities after a divorce: Creditors can pursue them on their own (without the need of the other spouse), and in case there was no time constraint even for the statutory limitations of the partition, the husband can be persecuted by them, by virtue of:

1. Legal action of Collections through court.
2. Retentive or conservatory garnishments.
3. Registration of Privileges in property titles.
4. Mandatory collections.
5. Among other methods and actions stated in our legislation.

These are some of the reasons why divorces must be formalized after a separation. Even in the event that you do not reside with your legal husband, all of their financial responsibilities (assets and liabilities) can be pursued through you. For more information about this topic, we recommend reading the article: Importance of obtaining a divorce when we do not reside with our spouse.