Email this page to a friendRhode Island Exemptions
In general, a debtor may claim exemption of certain personal property from attachment or execution or forced sale for the payment of debts. The Rhode Island General Laws contains no provision for homestead exemption.
Personal property which may be exempt from attachment on any warrant of distress or on any other writ, original, mesne, or judicial may include wearing apparel of a debtor or of the debtor's family; working tools of a debtor necessary in the debtor's usual occupation, not exceeding in value the sum of $500, and the professional library of any professional person in actual practice; household furniture and family stores of a housekeeper in the whole, including beds and bedding, not exceeding in value the sum of $1,000; bibles, school books, and other books in use in the family, not exceeding in value the sum of $300; the debtor's interest in one lot or right of burial, as the case may be, in any cemetery; wages due or accruing to any sailor; debts secured by bills of exchange or negotiable promissory notes; salary and wages of the wife and the minor children of any debtor; such other property, real, personal, or mixed, in possession or actions as is or shall be exempted from attachment and execution, either permanently or temporarily, by general or special acts, charters of incorporation, or by the policy of the law; certain qualified retirement or annuity accounts; and the right or interest of a person in an annuity, pension, profit sharing, or other retirement plan protected by the Employee Retirement Income Security Act of 1974, Public Law 93-406, 29 U.S.C. § 1001 et seq. (§ 9-26-4.)
Title 9. Courts and Civil Procedure--Procedure Generally
Chapter 26. Levy and Sale on Execution
§ 9-26-4. Property exempt from attachment
The following goods and property shall be exempt from attachment on any warrant of distress or on any other writ, original, mesne, or judicial:
(1) The necessary wearing apparel of a debtor or of the debtor's family, if he or she has a family.
(2) The working tools of a debtor necessary in the debtor's usual occupation, not exceeding in value the sum of one thousand five hundred dollars ($1,500), and the professional library of any professional person in actual practice.
(3) The household furniture, clothing, and family stores of a housekeeper in the whole, including beds and bedding, not exceeding in value the sum of nine thousand six hundred dollars ($9,600).
(4) The bibles, school books, and other books in use in the family, not exceeding in value the sum of three hundred dollars ($300).
(5) The debtor's interest in one lot or right of burial, as the case may be, in any cemetery.
(6) Wages due or accruing to any sailor.
(7) Debts secured by bills of exchange or negotiable promissory notes.
(8)(i) The entire salary or wages of any debtor due or payable from any charitable corporation, or from any person or corporation engaged in the disbursement or administration of any public charitable fund or money, whenever the salaries or wages are to be paid or supplied, directly or indirectly, from any fund or money appropriated or contributed for the relief of the poor or in aid of unemployment, and the debtor is the object of the relief or aid.
(ii) The entire wages or salary of any debtor due or payable from any employer, where the debtor has been the object of relief from any state, federal, or municipal corporation or agency for a period of one year from and after the time when the debtor ceases to be the object of such relief.
(iii) The salary or wages due or payable to any other debtor, not exceeding the sum of fifty dollars ($50.00).
(9) The salary and wages of the wife and the minor children of any debtor.
(10) Such other property, real, personal, or mixed, in possession or actions as is or shall be exempted from attachment and execution, either permanently or temporarily, by general or special acts, charters of incorporation, or by the policy of the law.
(11) An individual retirement account or individual retirement annuity as defined in sections 408 and 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A, and the payments or distributions from such an account or annuity, except that this exemption does not apply to any of the following:
(i) An order of a court pursuant to a judgment of divorce or separate maintenance.
(ii) An order of a court concerning child support.
(iii) Contributions to an individual retirement account or premiums on an individual retirement annuity, including the earnings or benefits from those contributions or premiums, that constitute an excess contribution within the meaning of Section 4973 of the Internal Revenue Code [26 U.S.C. § 4973].
(12) The right or interest of a person in an annuity, pension, profit sharing, or other retirement plan protected by the Employee Retirement Income Security Act of 1974, Public Law 93-406, 29 U.S.C. § 1001 et seq. This exemption shall also apply to the operation of the Federal Bankruptcy Code, as permitted by Section 522(d)(10)(E) of Title 11 of the United States Code, 11 U.S.C. § 522(d)(10)(E). This exemption shall not apply to the right or interest of a person in an annuity, pension, profit sharing, or other retirement plan to the extent that that right or interest is subject to any of the following:
(i) An order of the court pursuant to a judgment of divorce or separated maintenance.
(ii) An order of a court concerning child support.
This exemption shall not apply to contributions to and the earnings of any of the retirement plans enumerated in this subdivision that are not qualified retirement plans as defined by Section 401 of the Internal Revenue Code, 26 U.S.C. § 401.
(13) Any and all motor vehicles owned by the debtor not to exceed an aggregate total of twelve thousand dollars ($12,000).
(14) Any and all jewelry owned by the debtor not to exceed an aggregate total of two thousand dollars ($2,000).
(15) An account balance, right, or interest of a person in a “prepaid tuition program” or a “tuition savings program” as defined in § 16-57-3(10) and (16), respectively. This exemption shall not apply to a balance, right, or interest to the extent that the balance, right, or interest is subject to any of the following:
(i) An order of a court pursuant to a judgment of divorce or separate maintenance;
(ii) An order of a court concerning child support.
(16) In addition to the exemptions herein, a debtor in bankruptcy may exempt an additional five thousand dollars ($5,000) in any assets.
§ 9-26-4.1. Homestead estate exemption
(a) In addition to the property exempt from attachment as set forth in § 9-26-4, an estate of homestead to the extent of three hundred thousand dollars ($300,000) 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 the home as a principal residence. The estate of homestead provided pursuant to this section shall be automatic by operation of law, and without any requirement or necessity for the filing of a declaration, a statement in a deed, or any other documentation. The 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 the estate of homestead;
(3) For a debt contracted for the purchase of the 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 § 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.
(b) For the purposes of this section, “owner of a home” includes 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 the 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, “family” includes 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 the estate as provided for under chapter 28 of title 34. 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.
