Warren, RI asked in Civil Litigation for Rhode Island

Q: Hi I am wondering about a post final judgment ex was grated joint shared placement after final judgment 8 years ago

If I inherited property during marriage would he be able to come for that as well

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2 Lawyer Answers
James L. Arrasmith
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A: In Rhode Island, property acquired by inheritance is generally considered separate property in a divorce, as opposed to marital property which is subject to division. If you inherited property during your marriage, it is typically not included in the marital estate for division purposes, provided it was kept separate from marital assets.

However, there can be exceptions, especially if the inherited property was commingled with marital assets or if your ex-spouse contributed to its maintenance or improvement. This can potentially transform it, wholly or in part, into marital property.

The fact that your ex was granted joint shared placement after the final judgment eight years ago does not inherently give them rights to your inherited property. The division of property is usually determined during the final divorce proceedings and is not typically reopened unless there are very specific circumstances.

Given the complexities of property division in divorce cases, and the potential for unique circumstances in your situation, consulting with an attorney might be beneficial. They can provide specific advice based on the details of your case and ensure your rights and assets are protected. Remember, each divorce case is unique, and legal advice should be tailored to the individual circumstances.

Albin Moser
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  • Providence, RI
  • Licensed in Rhode Island

A: Custody arrangements and other issues relating to the best interests of children are always modifiable. The equitable distribution of property in divorce is usually done once in the divorce and that’s it. Exceptions: if the inherited property was not disclosed in the divorce then maybe someone could come back to court for it. One thing to look at and consider is your DR6 from the divorce, what you disclosed and didn’t, and your agreement from the divorce, did it mention the inherited property or not. And, did it say anything about what happens if there is undisclosed property and someone comes back to court for it?

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