Legal Question in Family Law in Rhode Island
Are gifts that were purchased and given between spouses during our marriage considered marital assets and subject to equitable division in RI divorce? If yes, can you site the reference where it is stated in RI law.
1 Answer from Attorneys
Generally speaking, Yes. You should look to R.I. General Laws 15-5-16.1 (b). Read the very last sentence of paragraph (b). Keep in mind that it is not what the law says.... but rather it's what the law doesn't say in that statute that gives you the answer.
Please note that while your statement is the "general rule" a good lawyer always checks to see if an exception applies to the rule about gifts between spouses.
Exceptions to the general rule may occur when either the Rhode Island Doctrine of Commingling or the Doctrine of Transmutation apply. In other words, the answer may depend upon the circumstances that follow and how the gift was treated by the parties after it was first given. Those circumstances may change the general "Yes" to a "No."