In a Rhode Island divorce, the Courts will generally find that a gift to a party, such as Inheritances, whenever received, is a non marital asset and therefore not subject to division if received from a third party.
Gifts can provide an evidential challenge for the courts, insofar as gifts require finding of donative intent and delivery.
We can demonstrate such a donative intent in certain cases by producing the gift tax returns. Likewise, property inherited by one of the parties, as well as the income derived therefrom the Inheritances, and the appreciation in value thereof remain non-marital.
Inheritance has been given a a broad interpretation by the Rhode Island Supreme Court.
