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Property Division
How is marital debt actually divided in Rhode Island Divorce? That is a very difficult and complicated question. There is no clear answer. The answer can only be determined by analytical reasoning.
In Rhode Island, all assets acquired by the parties (with limited exceptions as set forth below) during the course of the marriage constitute marital property subject to equitable division by the Family Court. However, gifts and inheritances are not marital property subject to being divided unless the parties co-mingle the assets. A co-mingling could occur if a person puts the other spouse’s name on an account or puts the other spouse’s name on the deed to real estate.

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Rhode Island state law requires a 60-day waiting period after the couple has filed a petition, but the court reserves the right to hear cases sooner should it be deemed appropriate. During the 60 days, the court has the discretion to investigate claims and order counseling.

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"A Plain English Guide to Protecting Your Children"

Author: Mary L. Boland, Attorney at Law