transmutation doctrine (Rhode Island) · Go Syfert
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transmutation doctrine in Rhode Island

6 Rhode Island opinions name it 1 courts 1988–2018 0 in the last five years

The cases below were cited by Rhode Island courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Quinn v. Quinngreen
ri · 1986 · cited in 5 Rhode Island opinions naming this issue, 1988–2018
2 sentences

2018Along those lines, we discussed the doctrine of transmutation, whereby "property can be converted from nonmarital property into marital property if changed in form and put into joint names." Id. (quoting Cloutier v. Cloutier , 567 A.2d 1131 , 1132 (R.I. 1989) ); see also Quinn , 512 A.2d at 852 .

2006In Quinn v. Quinn, 512 A.2d 848, 852 (R.I.1986), this Court held that: “When, during the course of a marriage, title to property for which one spouse has paid the purchase price is acquired in the names of both spouses, the transaction is presumed to be a gift or advancement for the benefit of the other spouse.” This “doctrine of transmutation” coincides with the recognition of marriage as a partnership by permitting a change in the character of property from separate to marital when an actual intention to do so is objectively manifested.

45
Ruffel v. Ruffelgreen
ri · 2006 · cited in 1 Rhode Island opinions naming this issue, 2007–2007
1 sentence

2007We have held that the “elements of a valid gift are a ‘present true donative intent on the part of the donor’ and ‘some manifestation such as an actual or symbolic delivery of the subject of the gift * * *.’ ” Ruffel v. Ruffel, 900 A.2d 1178, 1189 (R.I.2006) (quoting Black v. Wiesner, 112 R.I. 261, 267 , 308 A.2d 511, 515 (1973)).

11
Black v. Wiesnergreen
ri · 1973 · cited in 1 Rhode Island opinions naming this issue, 2007–2007
2 sentences

2007We have held that the “elements of a valid gift are a ‘present true donative intent on the part of the donor’ and ‘some manifestation such as an actual or symbolic delivery of the subject of the gift * * *.’ ” Ruffel v. Ruffel, 900 A.2d 1178, 1189 (R.I.2006) (quoting Black v. Wiesner, 112 R.I. 261, 267 , 308 A.2d 511, 515 (1973)).

2007We have held that the “elements of a valid gift are a ‘present true donative intent on the part of the donor’ and ‘some manifestation such as an actual or symbolic delivery of the subject of the gift * * *.’ ” Ruffel v. Ruffel, 900 A.2d 1178, 1189 (R.I.2006) (quoting Black v. Wiesner, 112 R.I. 261, 267 , 308 A.2d 511, 515 (1973)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Stephenson v. Stephenson green
ri · 2002
2 sentences

2018Along those lines, we discussed the doctrine of transmutation, whereby "property can be converted from nonmarital property into marital property if changed in form and put into joint names." Id. (quoting Cloutier v. Cloutier , 567 A.2d 1131 , 1132 (R.I. 1989) ); see also Quinn , 512 A.2d at 852 .

2018Nevertheless, we cited Mitchell v. Mitchell , 756 A.2d 179 (R.I. 2000), for the proposition that "[w]hile both parties are still alive, * * * the existence of a joint bank account only gives rise to a rebuttable presumption of an intent to make a gift of a joint interest therein * * *." Stephenson , 811 A.2d at 1143 (quoting Mitchell , 756 A.2d at 182 ).

22006–2018
Cloutier v. Cloutier green
ri · 1989
1 sentence

2018Along those lines, we discussed the doctrine of transmutation, whereby "property can be converted from nonmarital property into marital property if changed in form and put into joint names." Id. (quoting Cloutier v. Cloutier , 567 A.2d 1131 , 1132 (R.I. 1989) ); see also Quinn , 512 A.2d at 852 .

12018–2018
Mitchell v. Mitchell green
ri · 2000
2 sentences

2018Nevertheless, we cited Mitchell v. Mitchell , 756 A.2d 179 (R.I. 2000), for the proposition that "[w]hile both parties are still alive, * * * the existence of a joint bank account only gives rise to a rebuttable presumption of an intent to make a gift of a joint interest therein * * *." Stephenson , 811 A.2d at 1143 (quoting Mitchell , 756 A.2d at 182 ).

2018Nevertheless, we cited Mitchell v. Mitchell , 756 A.2d 179 (R.I. 2000), for the proposition that "[w]hile both parties are still alive, * * * the existence of a joint bank account only gives rise to a rebuttable presumption of an intent to make a gift of a joint interest therein * * *." Stephenson , 811 A.2d at 1143 (quoting Mitchell , 756 A.2d at 182 ).

12018–2018

Statutes the citing opinions construe

RI § R.I. Gen. Laws § 15-5-16.1 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TN 15 (1997–2022) ME 6 (1980–2014) RI 6 (1988–2018) CA 6 (1999–2019) SC 5 (1989–2012) OH 5 (2008–2021) IL 4 (1986–2000) AK 4 (2013–2022) VA 3 (1988–1993) ID 3 (1973–1987) MO 2 (1998–2003) NY 2 (2017–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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