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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 9-26

Citation
Section 9-26
Parent Document
In Re Tetreault, 11 A.3d 635 (2011)
Jurisdiction
Rhode Island (state)
Effective Date
2011-01-13

Other Sections in This Document (98)

Full Text

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This question requires us to determine whether one in debtor’s position is precluded from claiming the homestead estate exemption based on the statutory reference to “family” in § 9-26-4.1(b). The trustee argues that even if debtor’s ownership interest in the property is sufficient to qualify him as an owner, debtor does not fit within the statutory definition of a family because he is a tenant in common who occupies the property alone, and therefore debtor is outside the scope of the homestead estate exemption. We disagree, and for the following reasons answer question two in the affirmative.