Transmutation and Commingling Seperate Property to Marital Property - RI Divorce Law



Posted: Saturday, April 10, 2010

by David Slepkow
Slepkow Slepkow & Associates, Inc.

Can property, which was originally non-marital separate property, be converted to marital property?

Yes. The Rhode Island divorce case of Quinn v Quinn is the seminal RI case pertaining to doctrine of transmutation. The doctrine of transmutation can change the character of non marital property to marital property. Please contact Rhode Island Divorce Lawyer David Slepkow about your legal options 401-437-1100

In Quinn v. Quinn, 512 A.2d 848, 852 (R.I. 1986), the Rhode Island Supreme Court stated that the "transfer of non marital assets from one spouse to both spouses jointly, in the absence of clear and convincing evidence to the contrary, will be understood as evincing an intention to transfer the property to the marital estate. This doctrine, known as transmutation, is consistent with the recognition that marriage is a partnership... The provisions in 15-5-16.1 are designed to achieve that end. Oliviera v. Oliviera

"In Quinn, the husband placed the proceeds from the sale of his inherited property, first, into a jointly held Certificate of Deposit and, then, ultimately, into a joint account. We held that this action evinced an apparent consent to the wife's demand for an ownership interest in the funds. The husband then used a portion of those funds to acquire a piece of realty, which he held jointly with his wife. We said that "[s]uch an act [was] consistent with, and indicative of, an intent that the parcel become part of the marital estate." Oliviera v. Oliviera

If one spouse transfers non-marital property to the other spouse in joint names then that will usually change the property to marital property. However, the spouse can by clear and convincing evidence prove that the spouse did not intend to create an ownership interest in the property. There is, however, a rebuttable presumption that the transfer was intended to gift the property to the other spouse.

Commingled assets in Rhode Island Divorce

If a marital asset and a non-marital asset are commingled and used to purchase or exchanged for other property then the new asset constitutes marital property.

 
David Slepkow is a Rhode Island lawyer concentrating in divorce, family law, child support, personal injury, RI automobile / car accidents, Rhode Island Criminal law , dui, restraining orders, litigation, custody and visitation. David has been practicing since 1997 and is licensed in rhode Island (RI), Massachusetts (MA) and Federal Court.

Rhode Island Child Custody Attorney, David  Slepkow offers free initial consultations and accepts all major credit cards. Evening and weekend appointments available. You can contact David Slepkow at 401-437-1100 or by visiting his website

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