Buying as a foreigner: whose name goes on the title, and who inherits it

Whether a foreigner may buy a home in the Dominican Republic has a short answer: yes, in their own name, on the same terms as a Dominican. The question that stays open is the one a local buyer rarely has to think about. Your marriage, your will and your heirs usually belong to another country, while the home and its title belong to this one. This guide follows that meeting point: in whose name to buy, which law decides what your marriage means for the property, who inherits it, and what tax stands between the title and your heirs. The worked example is Itza Golden Residences in Cap Cana, where the name is chosen years before the title exists.

The right is settled; the name is your decision

A foreign national may buy Dominican real estate and hold registered title in their own name on the same terms as a Dominican: there is no nationality restriction, no residency requirement and no approval step. The prior presidential authorisation once required of foreign buyers was abolished by Decreto 21-98 in 1998, and ownership rests on Article 51 of the Constitution and on Ley 108-05, the Real Estate Registry Law.

What being a foreigner adds is a second legal system. The title is Dominican, but the law of your marriage, the validity of your will and the identity of your heirs may all be decided by the law of the country where you live. Working out how the two meet is a question for the start of a purchase, because the first document you sign already names the buyer.

At Itza, the name is chosen long before the title exists

Itza Golden Residences is a project of 52 residences in four towers in Cap Cana, with delivery planned for Q4 2029. Buying a residence that has not yet been built usually begins with a contrato de promesa de venta, which governs the transaction until the definitive sale is signed and does not itself transfer ownership. The title arrives later: under Article 101 of Ley 108-05 a condominium is constituted when it is registered, and each unit then receives its own certificado de título. Under Article 90, it is registration that creates the registered right.

So the buyer named in the promesa is the person, couple or company that the rest of the file is built around, years before any certificate is printed. Changing the buyer afterwards is a contract question for the developer and your attorney, not a clerical correction, which is why the decision belongs before your signature.

Four ways a foreign buyer can hold the home

Each route below is open to a foreign buyer. None is better in general: each answers a different question about your family and your plans, and each should be chosen with an attorney who has looked at your home-country situation as well as the Dominican one.

If you are married: the law of your marriage travels with you

The Registro de Títulos asks for identity documents for the buyer and the buyer's spouse, and for a marriage certificate when the title names no spouse and an identity document shows a different civil status. That is the registry noticing your marriage. What the marriage means for the property is decided by Ley 544-14 on Private International Law, in force since 19 December 2014.

Under its Article 43, property relations between spouses follow the law that governs their personal relations unless they have agreed otherwise, and Article 44 lets spouses choose that law in writing before marrying, among the laws of the countries of either spouse's nationality or domicile. A couple married under separation of property in one country and a couple married under community of property in another may therefore need their Dominican title drafted differently. Tell your attorney how and where you married, and bring any prenuptial agreement, before the promesa names the buyer.

Who inherits: your home law, the Dominican procedure

Ownership of a Dominican home is governed by Dominican law, because Article 76 of Ley 544-14 applies the law of the place where property is located to real rights, with one stated exception: succession. Article 54 provides that succession on death is governed by the law of the deceased's domicile at the time of death, and lets a testator, by an express declaration in a will, choose instead the law of the State of their habitual residence. Article 55 accepts a will as valid in form if it is valid under the law of the place where it was made, or of the testator's nationality or domicile.

The procedure, however, is Dominican. Article 11(7) makes Dominican courts competent over a succession whenever the deceased owned real estate in the Dominican Republic, and the title only moves to your heirs through the Registro de Títulos. The registry's notes require a judicial-interpreter translation of any document not in Spanish, an apostille on public documents from Hague Convention states, and legalisation before the Ministry of Foreign Affairs for documents from abroad concerning a transfer of property, wills among them. A will written at home can be the right starting point and still need preparing for Dominican use; ask whether a separate Dominican will would make your heirs' file simpler.

The taxes on the way to your heirs

The DGII charges the succession tax on all inherited property located in Dominican territory, whether or not there is a will, so a Dominican home is within its base whatever the owner's nationality. The rate is 3%, and the sworn declaration is due within 90 days after the death. Ley 30-26 of 18 June 2026 added exempt amounts, RD$1,000,000 in general and RD$2,000,000 for direct-line heirs, both adjusted each year for inflation.

Giving the home away during your lifetime is taxed differently. The DGII's general rule charges a donation at the corporate income-tax rate, 27%, paid by the person who receives it and declared within 30 days. Commentators report that the same reform cut the rate to 3% for gifts between direct-line relatives, spouses and siblings; the DGII's own page had not yet reflected that when this guide was written, so confirm it with a Dominican accountant before you plan around it.

Holding the home through a company

A foreign buyer can also hold the home through a Dominican sociedad de responsabilidad limitada. Under Ley 479-08, as amended, an S.R.L. needs at least 2 and at most 50 partners and a minimum share capital of RD$100,000, a figure the Ministry of Industry and Commerce may revise by regulation every three years. The company is then the owner on the title, and what your heirs inherit is your share of the company rather than the home itself.

That changes the questions without removing them. The company keeps its own books and files on its own account, and on a sale its gain is taxed at the general corporate rate of 27%, while Ley 30-26 sets 10% for individuals selling real estate, with its application to sellers who are not Dominican tax residents still to be confirmed. Ask your attorney whether a company suits a single residence you mean to use yourself, and ask how it would interact with CONFOTUR, which Itza expects to carry but has not yet been granted.

Settle it before you sign at Itza

Five decisions are worth making before the promesa names a buyer.

1. Choose the name
   Decide between your own name, two names or a company, and have that exact name written into the promesa.
2. Show your attorney the marriage
   Bring your marriage certificate and any prenuptial agreement, so the title reflects the property regime you actually live under.
3. Decide which law governs your succession
   Ask whether to use a will to choose the law of your habitual residence, as Article 54 allows.
4. Prepare your documents abroad
   Have wills and powers apostilled and translated by a judicial interpreter, so your heirs do not start the file from nothing.
5. Tell your heirs about the clock
   Leave a note that the Dominican succession declaration is due within 90 days, with your attorney's details beside it.

Common questions

Can a foreigner put a Dominican home in two names?

Yes. A foreigner can buy jointly with a spouse or another person, and the registry asks for identity documents for the buyer and the buyer's spouse. If you are married, the law governing your marriage's property, which Ley 544-14 ties to the law of your personal relations unless you agreed otherwise, shapes how the title should be drafted, so tell your attorney how and where you married.

Do my heirs pay inheritance tax in the Dominican Republic?

The DGII charges a 3% succession tax on inherited property located in Dominican territory, so a Dominican home is within the base whatever your nationality. The declaration is due within 90 days after the death. Ley 30-26 added exempt amounts of RD$1,000,000, or RD$2,000,000 for direct-line heirs, adjusted every year for inflation. Your home country may also tax the same inheritance under its own rules.

Is a will made in my home country valid for a home in Cap Cana?

Ley 544-14 accepts a will as valid in form if it is valid where it was made or under the law of your nationality or domicile. To be used before the Dominican registry it still needs a judicial-interpreter translation and an apostille or legalisation, as the registry's notes require. Ask your attorney whether a separate Dominican will would make your heirs' file simpler.

Can I buy at Itza through a company?

A foreign buyer can hold Dominican property through a company such as a Dominican S.R.L., which needs at least 2 partners and a minimum share capital of RD$100,000. The company then owns the residence and your heirs inherit shares, not the title. Decide before the promesa is signed, since the buyer it names is the one the file is built around, and ask how a company would affect the CONFOTUR benefits Itza expects.