Coaching Tip from the RI Divorce Coach - Stock Inherited by One Spouse
August 20, 2009
Dear Rhode Island Divorce Coach,
General Rule: Items inherited solely by either party are not part of the marital estate and are the property of the individual who inherited them and are not subject to division by the Rhode Island Family Court.
General Exception: If the person who inherited an item commingles (mixes) that item in with marital property that IS subject to division, then the court may find that the inherited item has lost its "inherited character" and has become a marital asset of both parties which is subject to the court's power of division.
Warm Regards,
Authored By:
Christopher A. Pearsall, Attorney-at-Law
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