State Codes and Statutes

Statutes > Rhode-island > Title-9 > Chapter-9-26 > 9-26-4-1

SECTION 9-26-4.1

   § 9-26-4.1  Homestead estate exemption.– (a) In addition to the property exempt from attachment as set forth in §9-26-4, an estate of homestead to the extent of three hundred thousand dollars($300,000) in the land and buildings may be acquired pursuant to this sectionby an owner or owners of a home or one or all who rightfully possess thepremise by lease or otherwise, and who occupy or intend to occupy the home as aprincipal residence. The estate of homestead provided pursuant to this sectionshall be automatic by operation of law, and without any requirement ornecessity for the filing of a declaration, a statement in a deed, or any otherdocumentation. The estate shall be exempt from the laws of attachment, levy onexecution and sale for payment of debts or legacies except in the followingcases:

   (1) Sale for taxes, sewer liens, water liens, lightingdistrict assessments and fire district assessments;

   (2) For a debt contracted prior to the acquisition of theestate of homestead;

   (3) For a debt contracted for the purchase of the home;

   (4) Upon an order issued by the family court to enforce itsjudgment that a spouse pay a certain amount weekly or otherwise for the supportof a spouse or minor children;

   (5) Where a building or buildings are situated on land notowned by the owner of a homestead estate are attached, levied upon or sold forthe ground rent of the lot upon which the building or buildings are situated;

   (6) for a debt due to, or a lien in favor of, the departmentof human services and/or the state of Rhode Island for reimbursement of medicalassistance, as provided for in § 40-8-15;

   (7) For a debt heretofore or hereafter owing to a federallyinsured deposit taking institution or a person regulated or licensed undertitle 19.

   (b) For the purposes of this section, "owner of a home"includes a sole owner, joint tenant, tenant by the entirety or tenant incommon; provided, that only one owner may acquire an estate of homestead in thehome for the benefit of his or her family; and provided further, that an estateof homestead may be acquired on only one principal residence for the benefit ofa family. For the purposes of this section, "family" includes either a parentand child or children, a husband and wife and their children, if any, or a soleowner. The provisions of this section shall not apply to any debt owing to afinancial institution, or private mortgages, or a mechanics' lien on theproperty comprising the estate as provided for under chapter 28 of title 34.Notwithstanding any other provisions of law, it shall not be necessary torecord a declaration of homestead in order to take advantage of the homesteadestate exemption.

State Codes and Statutes

Statutes > Rhode-island > Title-9 > Chapter-9-26 > 9-26-4-1

SECTION 9-26-4.1

   § 9-26-4.1  Homestead estate exemption.– (a) In addition to the property exempt from attachment as set forth in §9-26-4, an estate of homestead to the extent of three hundred thousand dollars($300,000) in the land and buildings may be acquired pursuant to this sectionby an owner or owners of a home or one or all who rightfully possess thepremise by lease or otherwise, and who occupy or intend to occupy the home as aprincipal residence. The estate of homestead provided pursuant to this sectionshall be automatic by operation of law, and without any requirement ornecessity for the filing of a declaration, a statement in a deed, or any otherdocumentation. The estate shall be exempt from the laws of attachment, levy onexecution and sale for payment of debts or legacies except in the followingcases:

   (1) Sale for taxes, sewer liens, water liens, lightingdistrict assessments and fire district assessments;

   (2) For a debt contracted prior to the acquisition of theestate of homestead;

   (3) For a debt contracted for the purchase of the home;

   (4) Upon an order issued by the family court to enforce itsjudgment that a spouse pay a certain amount weekly or otherwise for the supportof a spouse or minor children;

   (5) Where a building or buildings are situated on land notowned by the owner of a homestead estate are attached, levied upon or sold forthe ground rent of the lot upon which the building or buildings are situated;

   (6) for a debt due to, or a lien in favor of, the departmentof human services and/or the state of Rhode Island for reimbursement of medicalassistance, as provided for in § 40-8-15;

   (7) For a debt heretofore or hereafter owing to a federallyinsured deposit taking institution or a person regulated or licensed undertitle 19.

   (b) For the purposes of this section, "owner of a home"includes a sole owner, joint tenant, tenant by the entirety or tenant incommon; provided, that only one owner may acquire an estate of homestead in thehome for the benefit of his or her family; and provided further, that an estateof homestead may be acquired on only one principal residence for the benefit ofa family. For the purposes of this section, "family" includes either a parentand child or children, a husband and wife and their children, if any, or a soleowner. The provisions of this section shall not apply to any debt owing to afinancial institution, or private mortgages, or a mechanics' lien on theproperty comprising the estate as provided for under chapter 28 of title 34.Notwithstanding any other provisions of law, it shall not be necessary torecord a declaration of homestead in order to take advantage of the homesteadestate exemption.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-9 > Chapter-9-26 > 9-26-4-1

SECTION 9-26-4.1

   § 9-26-4.1  Homestead estate exemption.– (a) In addition to the property exempt from attachment as set forth in §9-26-4, an estate of homestead to the extent of three hundred thousand dollars($300,000) in the land and buildings may be acquired pursuant to this sectionby an owner or owners of a home or one or all who rightfully possess thepremise by lease or otherwise, and who occupy or intend to occupy the home as aprincipal residence. The estate of homestead provided pursuant to this sectionshall be automatic by operation of law, and without any requirement ornecessity for the filing of a declaration, a statement in a deed, or any otherdocumentation. The estate shall be exempt from the laws of attachment, levy onexecution and sale for payment of debts or legacies except in the followingcases:

   (1) Sale for taxes, sewer liens, water liens, lightingdistrict assessments and fire district assessments;

   (2) For a debt contracted prior to the acquisition of theestate of homestead;

   (3) For a debt contracted for the purchase of the home;

   (4) Upon an order issued by the family court to enforce itsjudgment that a spouse pay a certain amount weekly or otherwise for the supportof a spouse or minor children;

   (5) Where a building or buildings are situated on land notowned by the owner of a homestead estate are attached, levied upon or sold forthe ground rent of the lot upon which the building or buildings are situated;

   (6) for a debt due to, or a lien in favor of, the departmentof human services and/or the state of Rhode Island for reimbursement of medicalassistance, as provided for in § 40-8-15;

   (7) For a debt heretofore or hereafter owing to a federallyinsured deposit taking institution or a person regulated or licensed undertitle 19.

   (b) For the purposes of this section, "owner of a home"includes a sole owner, joint tenant, tenant by the entirety or tenant incommon; provided, that only one owner may acquire an estate of homestead in thehome for the benefit of his or her family; and provided further, that an estateof homestead may be acquired on only one principal residence for the benefit ofa family. For the purposes of this section, "family" includes either a parentand child or children, a husband and wife and their children, if any, or a soleowner. The provisions of this section shall not apply to any debt owing to afinancial institution, or private mortgages, or a mechanics' lien on theproperty comprising the estate as provided for under chapter 28 of title 34.Notwithstanding any other provisions of law, it shall not be necessary torecord a declaration of homestead in order to take advantage of the homesteadestate exemption.