Updated October 8, 2026. Quick answer: No. Rhode Island is a common law state. At divorce, R.I. Gen. Laws section 15-5-16.1 lets the court “may assign to either the husband or wife a portion” of the estate of the other, and at death the surviving spouse takes a life estate in the decedent’s real estate rather than a percentage share. The IRS lists nine community property states.
Rhode Island community property at a glance
| Item | What the documents say |
|---|---|
| Regime | Common law |
| At divorce | The court may assign a portion of one spouse’s estate to the other after weighing listed factors (R.I. Gen. Laws 15-5-16.1) |
| At a spouse’s death | Dower is abolished; the survivor takes a life estate in the real estate the decedent owned in fee simple (R.I. Gen. Laws 33-25-1, 33-25-2) |
| Federal basis at the first death | A qualified joint interest between spouses: one-half is included in the estate and steps up |
| Source | Rhode Island General Assembly; IRS Publications 551 and 555; 26 U.S.C. 1014 |
What the Rhode Island statutes say
Rhode Island’s divorce statute does not divide a marital estate in those words. It lets the court “may assign to either the husband or wife a portion” of the other’s estate, after weighing the factors the section lists, and it sets some property outside what can be assigned.
At divorce in Rhode Island
The court’s assignment must be one that it “which the court shall expressly find to be just and proper”. The text read sets no fixed 50/50 rule, and the section does not use the words equitable or marital property.
At a spouse’s death in Rhode Island
Rhode Island is unusual: section 33-25-1 is headed “Dower and curtesy abolished”. Under section 33-25-2, the decedent’s fee-simple real estate can “pass to the husband or wife for his or her natural life”. A spouse left property under the will can give up that gift within the time section 33-25-4 allows and file a waiver “claiming his or her life estate in the real estate”. This is a life estate in real estate, not a percentage elective share.
What it does to basis when the first spouse dies
Because Rhode Island is not on the IRS’s list of community property states, a couple’s basis at the first death depends on title. IRS Publication 551 says to “Include one-half of the value of a qualified joint interest” in the decedent’s gross estate, and the survivor’s basis is the cost of the survivor’s own half plus the basis in the half inherited. Property in the decedent’s name alone is different: 26 U.S.C. 1014(a) gives the heir a basis equal to the property’s fair market value at the date of the decedent’s death.
Computed illustration, not tax advice: suppose a Rhode Island couple paid $100,000 for shares held as a qualified joint interest, and the shares are worth $400,000 when one spouse dies. The survivor’s basis is the total of two halves: $200,000 for the half that steps up plus $50,000 as the cost of the survivor’s own half, which makes $250,000. A sale at $400,000 would then show a gain of $150,000. In a community property state the same facts would give a basis of the whole $400,000. CMG’s common law step-up page goes through the difference.
What the documents do not say
- No percentage elective-share statute was read, so this page does not state one.
- The documents read do not state a rule for a couple who moved to Rhode Island.
Common mistakes
- Looking for an elective-share percentage; the sections read give a life estate in real estate instead.
- Assuming the answer in this state settles it for a couple who move; the rules depend on the state where the spouses are domiciled and, for property in a trust, on the trust.
Related: why only half steps up in a common law state, Rhode Island retirement taxes, and Rhode Island probate cost.
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Answer againSources
- R.I. Gen. Laws 15-5-16.1 Assignment of property (Divorce and Separation): https://webserver.rilegislature.gov/Statutes/TITLE15/15-5/15-5-16.1.htm
- R.I. Gen. Laws 33-25-1 Dower and curtesy abolished: https://webserver.rilegislature.gov/Statutes/TITLE33/33-25/33-25-1.htm
- R.I. Gen. Laws 33-25-2 Life estate to spouse: https://webserver.rilegislature.gov/Statutes/TITLE33/33-25/33-25-2.htm
- R.I. Gen. Laws 33-25-4 Election by surviving spouse: Recording of waiver and claim: https://webserver.rilegislature.gov/Statutes/TITLE33/33-25/33-25-4.htm
- IRS Publication 551, Basis of Assets (December 2025): https://www.irs.gov/pub/irs-pdf/p551.pdf
- 26 U.S.C. 1014, Basis of property acquired from a decedent (United States Code, 2024 Edition): https://www.govinfo.gov/link/uscode/26/1014?link-type=html
Sources: the primary documents linked above, read on October 8, 2026. General information, not tax advice. Your own facts decide the outcome, and a tax professional or the state agency itself is the right place to confirm anything consequential.