Rhode Island Divorce With a House — Your Options (2026)

Your home is often your largest marital asset. The Property Settlement Agreement controls what happens to it.

Is the Property Marital or Separate?

Purchased during the marriage with marital funds: Marital property — subject to equitable distribution.

Owned before the marriage: Generally separate — BUT marital mortgage payments create a marital equity component that must be addressed.

Inherited or gifted to one spouse: Separate — document carefully.

Option 1 — One Spouse Keeps the House

Property Settlement Agreement must include:

• Full address and legal description
• Agreed fair market value (appraisal recommended)
• Mortgage balance; marital equity calculation
• Each spouse's equitable share per § 15-5-16.1 factors
• Buyout: Keeping spouse pays or offsets the other's equitable share
• Mandatory refinancing deadline: Keeping spouse must refinance into sole name within [X] days
• Fallback provision: If refinancing fails, house listed for sale
• Quitclaim Deed from vacating spouse to keeping spouse — recorded at Rhode Island Land Evidence Records

Recording the Deed in Rhode Island

Rhode Island uses a municipal Land Evidence Records system — not county-level.

1. Prepare a Quitclaim Deed (or Warranty Deed)
2. Execute and notarize
3. Record at the Land Evidence Records office of the city or town where the property is located
4. Fee: ~$10–$25 per document (varies by municipality)
5. Confirm any deed transfer/recordation fee treatment for divorce-related transfers at the specific municipality

Option 2 — Sell and Split the Proceeds

Property Settlement Agreement must include:

• Net proceeds split (equitable shares after mortgage payoff and closing costs)
• Timeline for listing after Final Judgment
• Agent selection
• Occupancy and carrying costs during listing
• Price reduction authorization
• Minimum acceptable price
• Capital gains allocation

Option 3 — Deferred Sale (With Children)

Property Settlement Agreement must include:

• Triggering event (youngest child turns 18 or specific date)
• Occupying parent responsible for all carrying costs
• Non-occupying spouse's equity protection
• Capital improvement approval
• Sale process at triggering event

Last reviewed: March 2026 | Equitable distribution (R.I. Gen. Laws § 15-5-16.1) | Rhode Island Land Evidence Records — CITY/TOWN level (not county) | ~$10–$25 per document | Refinancing deadline essential | Fallback sale provision | courts.ri.gov/Courts/FamilyCourt/Pages/Forms.aspx

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.