{"id":376144,"date":"2016-03-31T21:36:36","date_gmt":"2016-04-01T02:36:36","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/rhode-island-law\/rhode-island-homestead-laws.html"},"modified":"2026-08-24T10:19:24","modified_gmt":"2026-08-24T15:19:24","slug":"rhode-island-homestead-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/rhode-island-law\/rhode-island-homestead-laws.html","title":{"rendered":"Rhode Island Homestead Laws"},"content":{"rendered":"\n
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Rhode Island Homestead Laws<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

The Rhode Island<\/span> homestead exemption<\/span> protects up to $500,000 of home equity in a primary residence<\/span> from being seized by creditors. To claim this exemption, owner-occupiers filing for Chapter 7 or Chapter 13 bankruptcy must list their principal dwelling alongside required schedules.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n

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The trustee in a Chapter 7 bankruptcy, or Chapter 13 bankruptcy for that matter, can sell a debtor\u2019s home to pay creditors. To help property owners<\/span> keep their house, Rhode Island<\/span> allows bankruptcy filers to protect some or all of the equity in their primary residence<\/span>.<\/p>\n

When filing bankruptcy, you must provide the trustee<\/a> with a list of your assets. This includes real estate<\/span> and personal property<\/span>. You must also provide the court with proof of the current assessed value<\/span> of your home. Depending on how much you owe on your mortgage, you may have significant equity in your home. If this is the case, taking the necessary steps to protect this equity through your state\u2019s homestead exemption<\/span><\/a> can keep you in your home after your bankruptcy case is completed.<\/p>\n

This article explains how the homestead exemption<\/span> works in Rhode Island<\/span> bankruptcy cases<\/a>. It also discusses the specific amount of Rhode Island<\/span>\u2019s homestead exemption<\/span> and what you must do to take advantage of it.<\/p>\n

If you\u2019re considering bankruptcy or have already filed and are worried about protecting your home, contact a Rhode Island<\/span> bankruptcy attorney<\/a>. They\u2019ll help ensure that you maximize the protections available in bankruptcy and do whatever possible to keep your residential property<\/span> and other assets.<\/p>\n

What Is the Homestead Exemption<\/span> in Bankruptcy and How Does It Work?<\/h2>\n

The point of filing bankruptcy<\/a> is to either eliminate or restructure your debt so you can get a fresh start and repair your credit. For many, it comes with the fear of losing their assets to pay creditors.<\/p>\n

While this is certainly possible, you can take steps to protect yourself and your property. The primary tool is the homestead exemption<\/span>. This bankruptcy exemption<\/a> allows you to protect up to $500,000 of the equity in your owner-occupied<\/span> residential property<\/span>.<\/p>\n

Under Rhode Island<\/span> General Law<\/span><\/a>, a debtor can exempt up to $500,000 of the equity in their home. This includes most dwelling units<\/span>, as long as it is your primary residence<\/span> and you own the property.<\/p>\n

Once you claim the homestead exemption<\/span>, the bankruptcy trustee can\u2019t force you to sell your house in order to pay your secured and unsecured creditors<\/a> in most situations. This can change if your equity exceeds the allowed amount of $500,000.<\/p>\n

Unless you\u2019re an expert in bankruptcy law, it\u2019s a good idea to meet with a Rhode Island<\/span> bankruptcy attorney before filing your bankruptcy petition<\/a>. Not only will an experienced lawyer<\/a> help you hold on to your home, but they can also fight for you to keep your motor vehicle<\/span> and other personal property<\/span>.<\/p>\n

Overview of Rhode Island<\/span> Homestead Exemption<\/span><\/h2>\n

The homestead exemption<\/span> in Rhode Island<\/span> is $500,000, which means that you can protect up to that amount of equity in your home. Unlike many other states,\u00a0Rhode Island<\/span>\u00a0doesn\u2019t allow\u00a0married couples<\/a>\u00a0to double the exemption amount<\/span>. Rhode Island<\/span> bankruptcy law limits homestead protection to one\u00a0primary residence<\/span>\u00a0per family and caps it at $500,000.<\/p>\n

The homestead <\/span>exemption<\/span>\u00a0amount<\/span>\u00a0is the same for all bankruptcy filers<\/a>, regardless of age or disability. The state of <\/span>Rhode Island<\/span> doesn\u2019t offer higher exemptions for people over a certain age, with a disability, or with minor children at home.<\/p>\n

Homestead Exemption<\/span> Limits in Rhode Island<\/span><\/h2>\n

There are limits and restrictions to a homeowner<\/span>\u2019s use of Rhode Island<\/span>\u2019s homestead exemption<\/span>. Anyone who owns owner-occupied<\/span> residential <\/span>real estate<\/span> has eligibility<\/span> for the homestead exemption<\/span>. You don\u2019t have to meet any special requirements.<\/p>\n

According to R.I. Gen. Laws<\/span>, there are certain restrictions to using the homestead exemption<\/span> in Rhode Island<\/span>, including:<\/p>\n