Family Court Division of Assets

Equitable Distribution of Assets

In Rhode Island Divorce Law, Property Division is known as an Equitable Distribution of (Marital) Assets.

The law here, Rhode Island General Law §15-5-16, is very specific regarding the division of marital assets, both those obtained during the marriage and those obtained prior to the marriage.

Assets obtained during the marriage include property both tangible and intangible that has been both acquired during the course of the marriage, and exists in the name of both parties. Although property may be held by either the husband or the wife, the court may make judgments at its discretion to award an equal share of any income generated from property held during the marriage; whether it was held jointly or by only one of the parties. This may also prove true in cases involving property that was owned prior to the marriage, under certain circumstances and conditions.

In most cases, assets and property obtained prior to the marriage, the property remains with the party who is listed as the owner. Certain instances can change this rule, including a determination by the court that the property in question will, in fact, be eligible for division as a marital asset.

Although Rhode Island is a 'no-fault' state (the parties do not necessarily need to state specific grounds or reasons for the divorce), factors that may determine the division of property in your divorce can include a qualification of fault if one is cited and granted by the court.

If you are considering a divorce and own property jointly with your spouse, or have property from prior to your marriage, a consultation with a RI Family Law Attorney would be a very wise decision.

Elisha L. Morris is an experienced family lawyer with the Law Office of John E. MacDonald and can be reached at (401) 421-1440 for a consultation.

To learn more about Elisha Morris please visit John MacDonald's website at AggressiveLegalServices.com.