Premarital Property, Inheritances and Gifts in a Rhode Island Divorce
Rhode Island courts may not assign property held before the marriage, inheritances or gifts from third parties, but may assign the income from premarital property and its appreciation when it grew through either spouse’s efforts.
Premarital property
The court may not assign property or an interest in property held in the name of one of the parties if it was held by that party before the marriage. It may assign income derived from the property during the marriage, and the appreciation in value from the date of the marriage of premarital property that increased in value as a result of the efforts of either spouse (R.I. Gen. Laws 15-5-16.1(b)).
Inheritances
The court shall not assign property or an interest in property transferred to one of the parties by inheritance before, during or after the marriage.
Gifts from third parties
The court shall not assign property or an interest in property transferred to one of the parties by gift from a third party before, during or after the marriage. A gift between the spouses is not covered by this protection.
Mixed property
Keeping inherited and premarital funds apart and documented is what lets a party show they fall under these rules; when they are put into joint accounts or into the marital home the line can blur.
Evidence to gather
Dated records showing when and how each asset was acquired, the source of funds for any improvement and statements for the accounts.
Keeping the right paperwork
Keep inherited and premarital funds in accounts in your name alone and keep records that show their source.
In the calculator
Enter premarital, inherited and third-party gift property as separate property in the Rhode Island property division calculator so it stays out of the division.
Frequently asked questions
Is premarital property divided in Rhode Island?
The court may not assign property held before the marriage, but may assign its income and appreciation due to either spouse's efforts.
Is an inheritance marital property in Rhode Island?
No. The court shall not assign property received by inheritance.
Is a gift from a parent divided in Rhode Island?
No. The court shall not assign property received by gift from a third party.
Is a gift from my spouse protected in Rhode Island?
The statute protects gifts from third parties, not gifts between spouses.
Can premarital property grow into marital property in Rhode Island?
Its appreciation from the efforts of either spouse during the marriage may be assigned.
Official sources
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Rhode Island statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Rhode Island attorney.