Section 9-26-4

Citation: Section 9-26-4
Parent Document: In Re Tetreault, 11 A.3d 635 (2011)
Jurisdiction: Rhode Island (state)
Effective Date: 2011-01-13
Original Source: https://www.courtlistener.com/opinion/2560125/in-re-tetreault/ ↗

Full Text

821 chars

Contrariwise, debtor argues that the homestead statute contains an ambiguity. Section 9 — 26—4.1(b) indicates that a “family” may consist of only one individual, the “sole owner,” and also that “owner of a home” includes joint owners such as tenants in common. The debtor argues that although § 9-26-4.1(b) does not expressly include tenants in common within the definition of family, the homestead statute as a whole manifests a clear legislative intent to benefit tenants in common as well as sole owners. Moreover, debtor claims that the contested provisions of § 9-26-4.1(b) are intended only to be a limitation of “one homestead per family and one family per homestead,” and that this provision is. entirely distinct from the right to claim a homestead estate exemption as enumerated in subsection (a) of § 9-26-4.1.

Other Sections in This Document (98)

Full Text