CHAPTER 147
2002-S 2005A am
Enacted 06/20/2002


A  N    A  C T

RELATING TO THE HOMESTEAD ESTATE EXEMPTION

 

Introduced By: Senator Daniel J. Issa

 

Date Introduced: January 01, 2002

It is enacted by the General Assembly as follows:

SECTION 1. Section 9-26-4.1 of the General Laws in Chapter 9-26 entitled "Levy and Sale on Execution" is hereby amended to read as follows:

9-26-4.1. Homestead estate exemption. -- In addition to the property exempt from attachment as set forth in section 9-26-4, an estate of homestead to the extent of one hundred fifty thousand dollars ($150,000) in the land and buildings may be acquired pursuant to this section by an owner or owners of a home or one or all who rightfully possess the premise by lease or otherwise, and who occupy or intend to occupy said home as a principal residence. Said estate shall be exempt from the laws of attachment, levy on execution and sale for payment of debts or legacies except in the following cases:

(1) sale for taxes, sewer liens, water liens, lighting district assessments and fire district assessments;

(2) for a debt contracted prior to the acquisition of said estate of homestead;

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

(4) upon an order issued by the family court to enforce its judgment that a spouse pay a certain amount weekly or otherwise for the support of a spouse or minor children;

(5) where a building or buildings are situated on land not owned by the owner of a homestead estate are attached, levied upon or sold for the 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 department of human services and/or the state of Rhode Island for reimbursement of medical assistance, as provided for in section 40-8-15;

(7) For a debt heretofore or hereafter owing to a federally insured deposit taking institution or a person regulated or licensed under title 19.

For the purposes of this section, an owner of a home shall include a sole owner, joint tenant, tenant by the entirety or tenant in common; provided, that only one owner may acquire an estate of homestead in any such home for the benefit of his or her family; and provided further, that an estate of homestead may be acquired on only one principal residence for the benefit of a family. For the purposes of this section, the word "family" shall include either a parent and child or children, a husband and wife and their children, if any, or a sole owner. The provisions of this section shall not apply to any debt owing to a financial institution, or private mortgages, or a mechanics' lien on the property comprising said estate as provided for under chapter 34-28-1 et seq. of the Rhode Island general laws. Notwithstanding any other provisions of law it shall not be necessary to record a declaration of homestead in order to take advantage of the homestead estate exemption.

SECTION 2. This act shall take effect upon passage.


As always, your comments concerning this page are welcomed and appreciated.

Thank you for stopping by!