2012 -- H 7281

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LC00894

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY - LEVY

AND SALE ON EXECUTION

     Introduced By: Representatives Jackson, Keable, Petrarca, Edwards, and Gallison

     Date Introduced: January 31, 2012

     Referred To: House Corporations

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 9-26-4.1 of the General Laws in Chapter 9-26 entitled "Levy and

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Sale on Execution" is hereby amended to read as follows:

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     9-26-4.1. Homestead estate exemption. -- (a) In addition to the property exempt from

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attachment as set forth in section 9-26-4, an estate of homestead to the extent of three hundred

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thousand dollars ($300,000) in the land and buildings may be acquired pursuant to this section by

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an owner or owners of a home, including manufactured homes or one or all who rightfully

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possess the premise by lease or otherwise, and who occupy or intend to occupy the home as a

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principal residence. The estate of homestead provided pursuant to this section shall be automatic

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by operation of law, and without any requirement or necessity for the filing of a declaration, a

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statement in a deed, or any other documentation. The estate shall be exempt from the laws of

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attachment, levy on execution and sale for payment of debts or legacies except in the following

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cases:

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      (1) Sale for taxes, sewer liens, water liens, lighting district assessments and fire district

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assessments;

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      (2) For a debt contracted prior to the acquisition of the estate of homestead;

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      (3) For a debt contracted for the purchase of the home;

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      (4) Upon an order issued by the family court to enforce its judgment that a spouse pay a

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certain amount weekly or otherwise for the support of a spouse or minor children;

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      (5) Where a building or buildings are situated on land not owned by the owner of a

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homestead estate are attached, levied upon or sold for the ground rent of the lot upon which the

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building or buildings are situated;

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      (6) for a debt due to, or a lien in favor of, the department of human services and/or the

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state of Rhode Island for reimbursement of medical assistance, as provided for in section 40-8-15;

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      (7) For a debt heretofore or hereafter owing to a federally insured deposit taking

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institution or a person regulated or licensed under title 19.

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      (b) For the purposes of this section, "owner of a home" includes a sole owner, joint

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tenant, tenant by the entirety or tenant in common; provided, that only one owner may acquire an

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estate of homestead in the home for the benefit of his or her family; and provided further, that an

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estate of homestead may be acquired on only one principal residence for the benefit of a family.

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For the purposes of this section, "family" includes either a parent and child or children, a husband

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and wife and their children, if any, or a sole owner. The provisions of this section shall not apply

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to any debt owing to a financial institution, or private mortgages, or a mechanics' lien on the

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property comprising the estate as provided for under chapter 28 of title 34. Notwithstanding any

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other provisions of law, it shall not be necessary to record a declaration of homestead in order to

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take advantage of the homestead estate exemption.

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     (c) As used in this section, "manufactured home" means any structure, transportable in

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one or more sections, which, in the traveling mode, is eight (8) body feet or more in width and

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forty (40) body feet or more in length, or when erected on site, is three hundred twenty (320)

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square feet or more, and which is built on a permanent chassis and designed to be used as a

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dwelling with or without a permanent foundation when connected to required utilities, which

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include plumbing, heating and electrical heating systems contained therein.

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     SECTION 2. This act shall take effect upon passage.

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LC00894

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY - LEVY

AND SALE ON EXECUTION

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     This act would grant the homestead exemption provided by Rhode Island law to

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“manufactured homes”.

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     This act would take effect upon passage.

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LC00894

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