Rhode Island General Laws 8-8.2-20. Domestic partner – Definition
For purposes of this chapter, “domestic partner” shall be defined as a person who, prior to the decedent‘s death, was in an exclusive, intimate and committed relationship with the decedent, and who certifies by affidavit that their relationship met the following qualifications:
(1) Both partners were at least eighteen (18) years of age and were mentally competent to contract;
(2) Neither partner was married to anyone else;
(3) Partners were not related by blood to a degree which would prohibit marriage in the state of Rhode Island;
(4) Partners resided together and had resided together for at least one year at the time of death; and
(5) Partners were financially interdependent as evidenced by at least two (2) of the following:
(i) Domestic partnership agreement or relationship contract;
(ii) Joint mortgage or joint ownership of primary residence;
(iii) Two (2) of: (A) joint ownership of motor vehicle; (B) joint checking account; (C) joint credit account; (D) joint lease; and/or
(iv) The domestic partner had been designated as a beneficiary for the decedent’s will, retirement contract or life insurance.
History of Section.
P.L. 2007, ch. 510, § 4.
Terms Used In Rhode Island General Laws 8-8.2-20
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Contract: A legal written agreement that becomes binding when signed.
- Decedent: A deceased person.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6