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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55308
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I was gifted a house during my second year of marriage. My wife and I moved into this hous

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I was gifted a house during my second year of marriage. My wife and I moved into this house. The title and deed are in my name. We are divorcing in RI after 7 years residing in this house. Since I paid nothing for the house, and owe no money, is my ex entitled to 1/2 equity or 1/2 assessed value?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Your ex is not entitled to any portion of the house. Rhode Island is an equitable division state meaning that all assets acquired by the parties during the course of the marriage constitute marital property subject to equitable division by the court. BUT, there are exceptions to the foregoing. Specifically, gifts and inheritances are NOT marital property subject to being divided. As long as you did not put your ex's name on the deed, this would be considered your sole and separate property and not subject to division upon divorce. Furthermore, under R.I. law, any appreciation in the value of a gift during the course of your marriage also does not constitute marital property subject to division.

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