Rhode Island Bill Seeks to Protect Inherited Family Homes from Unfair Loss

PROVIDENCE, RI — Rhode Island lawmakers have introduced legislation to protect families from unfairly losing inherited property.

State Sen. Jacob E. Bissaillon, D-Providence, and state Rep. Carol Hagan McEntee, D-South Kingstown and Narragansett, sponsored the Uniform Partition of Heirs’ Property Act.

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This bill addresses situations where a property inherited by multiple heirs without a formal estate plan can be vulnerable.

Currently, any individual “tenant in common” can force a partition sale. This allows real estate speculators to acquire small shares, then force a sale to obtain the entire property at less than market value, depleting family wealth.

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McEntee, chairwoman of the House Judiciary Committee, and Bissaillon, chairman of the Senate Housing and Municipal Government Committee, said the bill will protect homes and generational wealth. Bissaillon said a home is often the most significant asset for low- and middle-income families, providing a stable foundation. He added that the legislation preserves generational wealth while maintaining existing property rights, noting it has been adopted in over two dozen states.

“Given the depth of our housing crisis, our state needs to address partition of heirs’ property both as a fairness issue and because families simply cannot afford to lose these homes,” Bissaillon said. He added that homes represent the hard work and sacrifice of relatives, and families deserve to benefit as intended.

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McEntee said the legislation is about fairness and protects individuals and families who inherit homes or land from involuntary sale. She noted that during committee hearings, testimony highlighted how this legal loophole disproportionately affects communities of color and disadvantaged populations.

“This legislation, which has been enacted in 26 states, protects the rights of all heirs to a shared piece of property, and in turn, it also protects the memories and value of a family home,” she said.

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The legislation establishes basic due process protections during partition actions. These include notice standards, a requirement for an independent appraisal, and a right of first refusal for co-tenants. If no co-tenants exercise that right, the property must be sold on the open market at a commercially reasonable price, not through sealed bids or auction unless a court determines otherwise.

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