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Rhode Island Questions & Answers
1 Answer | Asked in Family Law and Small Claims for Rhode Island on
Q: It’s a very long story, but I’ll just give you a brief summary of my issues. I was in a 12 year relationship .

We became legal Domestic partners. He is refusing to give me some of my furniture. He’s blocked me in his phone, email and texts

Neville Bedford
Neville Bedford
answered on Nov 2, 2022

If the furniture is all that you are concerned about, consider filing a case in the small claims court. To explore the implications of "legal domestic partners" and whether that may involve court proceedings to dissolve, meet with a practicing attorney to discuss those details in private.

2 Answers | Asked in Real Estate Law for Rhode Island on
Q: R.I. law that allows a tenant in common owner of property to sell its share w/o permission from the other cotenants.

Also, can a tenant in common ask any amount for its share where no pre-existing agreement exists betw the tenants

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 3, 2022

Tenants In Common almost always have a right to sue for a Sale For Partition. The Court ordered Sale price is for the whole property, which is then disbursed according to the order. Each Tenant normally gets the same after expense share, although sometimes there are equitable adjustments.

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1 Answer | Asked in Employment Law for Rhode Island on
Q: Do Live-In Sober House Managers make a Salary in RI?

I was a live-in sober house manager in RI for about 9 months, and did not get compensated aside from the free room. Am I entitled to some money?

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 20, 2022

You should contact a Rhode Island employment attorney to discuss your situation, as this situation will be highly dependent on the specific facts of your situation. While housing can be provided as part of an employee's compensation, there are special rules that must be met in order for an... Read more »

1 Answer | Asked in Family Law and Child Custody for Rhode Island on
Q: Hello, Can a parent have unsupervised visits if there is an active felony child neglect/abuse case against them?

Hello, My childs mother has been charged with 3 counts of felony child neglect and abuse. However, the court has awarded her unsupervised visits, despite me being in fear of my childs safety. What are my child's rights? Why is he being forced to be with his abuser in an unsupervised setting?

Neville Bedford
Neville Bedford
answered on Sep 1, 2022

Something seems amiss here. Did you bring all of this to your attorney's attention and/or file the appropriate motions to ensure the child is protected? From the way you present these facts, it would be likely that the state would be involved also through DCYF. Bring your concern's to... Read more »

1 Answer | Asked in Divorce for Rhode Island on
Q: I was told by my ex-wifes lawyer that it is mandatory to do a QDDRO split of my personal 401k. I agreed to this in the

pre-divorce documents when wife and I decided about cars, kids, assets, etc. Neither she nor I personally put a cent of our own money into that acct. It was funded by the company I worked for and they contributed a little each year. My question is....am I legally obligated by RI law to execute... Read more »

Neville Bedford
Neville Bedford
answered on Aug 23, 2022

Although opposing counsel may appear to be giving you legal advice, it is not a good idea to take advice on legal matters from your adversary. Your own independent counsel will cost you some money, but in the long run it may be well worth it. Rhode Island general law’s specify an equitable... Read more »

1 Answer | Asked in Real Estate Law and Probate for Rhode Island on
Q: If my father's house was quit claimed to my brother in 2019 and my dad passed in 2022, does the house go through probate

My brother has lived there most of his life, but never took over any financial or other responsibility for the house while my father was alive

Andrew Bilodeau
PREMIUM
Andrew Bilodeau
answered on Aug 17, 2022

If your father conveyed his entire interest in his house to your brother then the house would not be part of the probate estate because the house was not owned by your father at the time of his death.

2 Answers | Asked in Land Use & Zoning for Rhode Island on
Q: I own 2 lots in Narragansett RI. There is a paper road between the two properties. Does the town own the paper road.

The paper road is woods and swamp, not even a path or dirt road exists. It probably could not be made into a road because of water table. It was platted over 70 years ago. Does the town own the land or just hold a ROW for the property? The other roads in the neighborhood are paved and maintained... Read more »

Albin Moser
Albin Moser
answered on Sep 3, 2022

A paper road remains the town's property even if the town does nothing with it. The town does not have to build a road on it in order to keep it as a paper road. The town retains the option to build a road on the area of the paper road at any time in the future.

As for whether or not...
Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Rhode Island on
Q: I was arrested for taking my wife's phone when she threatened to call the police. They asked me in my home if I took her

Phone and I said yes. They put me in handcuffs and took me to the station without ever reading me my rights. Is my statement I made in my house admissible in court?

Thomas Briody
Thomas Briody
answered on Jul 24, 2022

The answer is most like yes, your statement is admissible. The police will argue that you were not in custody at the time you made the statement. Miranda warnings (rights, as you call them) are only required to be administered when you are not free to leave and the police question you. You need... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Rhode Island on
Q: I have a no contact order against me by my wife. If I change my FB profile picture to us and two kids is it a violation?
Thomas Briody
Thomas Briody
answered on Jul 23, 2022

This is a very bad idea. It will be interpreted as an attempt to connect with her, in violation of the order. Maybe you could argue that is not your intent, but I highly doubt that a judge will believe you. Don’t do it.

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1 Answer | Asked in Divorce for Rhode Island on
Q: If I where to get a legal separation, does that absolve one from the cc debt of the other? Or is that a divorce thing?
Neville Bedford
Neville Bedford
answered on Jul 12, 2022

Division of assets, debts, and allocation of marital property are addressed in either a Bed and Board Divorce(Separation) or a "full" Divorce. Meet with your qualified local practitioner to review your options in confidence.

1 Answer | Asked in Personal Injury for Rhode Island on
Q: Do my home’s front stairs require a railing? Home built in 1890’s, current railing is wood and rickety; want it removed

Neighbor said it’s a personal injury liability to have no railing. I believe we may be ok because of how old the house is.

Tim Akpinar
Tim Akpinar
answered on Jul 6, 2022

A Rhode Island attorney could advise best, but your question remains open for two weeks. No railing might be better than a rickety railing that presents a false sense of security, but your neighbor raises a valid point - not having a railing where one is required or recommended could also create... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Rhode Island on
Q: a lawyer said in the state of Rhode Island U can’t determine how much money U want when suing the police, true or false?
Albin Moser
Albin Moser
answered on Jun 9, 2022

Yes, it is true that in Rhode Island the plaintiff's initial complaint that is filed in court should not request a specific dollar amount for personal injuries. But, the plaintiff can ask the defendant or the insurance company for a specific dollar amount in out of court settlement... Read more »

1 Answer | Asked in Family Law for Rhode Island on
Q: Is it possible to get a prenup, to keep only a fraction of a house as personal property?

My parents are selling me a $450,000 house for $250,000. And they want to make sure the value they gift me stays in my name. I do not believe it would be fair to retain the whole house as personal property as I would be bringing $250,000 of debt into the marriage.

Albin Moser
Albin Moser
answered on Jun 8, 2022

Yes, you and your future spouse can get a prenup that says that the gifted portion of the real estate equity shall be allocated to you in the event of divorce. A prenup can allocate your property in any way that the two of you agree upon, within reason.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: I live in Providence RI, my landlord is demanding a key to my storage room and garage do I have to give it to her by law

We keep the areas clean, there is nothing she would need access to for any other unit in either area, the lease doesn't state anything about it, we store our eBay store items that we sell in the areas and don't want anyone to have access to these items

Albin Moser
Albin Moser
answered on Jun 8, 2022

Yes, you have to give the landlord a key to the storage room and garage that you are renting from the landlord. Your landlord has a right of access to all areas of the landlord's property that you are renting, and can enter any area on reasonable notice to you.

1 Answer | Asked in Criminal Law and Federal Crimes for Rhode Island on
Q: Can I get charged for a felony by helping a detective retrieve a stolen firearm
Thomas Briody
Thomas Briody
answered on May 18, 2022

Depends on the circumstances in which you “helped.” It’s not automatic, but gun offenses are treated harshly in Rhode Island. You need to speak directly and privately with an attorney.

1 Answer | Asked in Contracts for Rhode Island on
Q: Contract law question. Counterparts were signed but were not identical. Multiple differences. Is the contract valid?

No pages were initialed. Its actually an agreement and not a contract, though still not identical. One person used an initially proposed agreement and not the one that was finally settled on.

Andrew Bilodeau
PREMIUM
Andrew Bilodeau
answered on Apr 26, 2022

Unfortunately, the answer you likely didn't want to hear is, it depends. Was each page of the entire contract initialed? Are the different provisions substantive provisions?

1 Answer | Asked in Divorce for Rhode Island on
Q: I am going through a divorce. Can I send a message to my attorney, opposing counsel, and my spouse on the same email?
Neville Bedford
Neville Bedford
answered on Apr 19, 2022

Start with your attorney. Go from there with their advice and counsel.

1 Answer | Asked in Car Accidents for Rhode Island on
Q: Is this worth getting a lawyer for?

I was at a gas pump and when I picked up the nozzle gas started spraying all over my car because there was a hole in the hose. There was no damage but the fire department came and I had to get my car cleaned because it smelled so badly of gas.

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2022

A Rhode Island attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal with the gas fumes. In terms of your question whether it's worth getting a lawyer for, it doesn't look like the type of case that a law firm would handle on a... Read more »

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Sexual Harassment for Rhode Island on
Q: How do you stop a visit with child when there is a sexual abuse investigation open by dcyf on the other parent ?

my son was inpatient at a psychiatric hospital for trying g to commit suicide.he told the drs he is being sexually abused by his biological father. There is no a pending investigation open with dcyf due to this information. The biological father will be here in a few days to pick him up. How can I... Read more »

Neville Bedford
Neville Bedford
answered on Apr 8, 2022

To make DCYF aware of the situation call 1800RICHILD. It is rather peculiar that the mandated reporters at the hospital did not make this report. Perhaps they did not have this information.

1 Answer | Asked in Libel & Slander for Rhode Island on
Q: Can I sue my college professor for defamation?

I am a graduate student and he is the department chair. There was an incident in a class with undergraduates between them and the professor where I was the TA. I spoke to him asking why he didn’t come speak to me before accusing the professor, my advisor, of basically a criminal act. I told... Read more »

Neville Bedford
Neville Bedford
answered on Apr 8, 2022

Before escalating the matter to litigation, check to see if the school has an ombudsman who may help address the conflict.

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