Rhode Island Property Tax Exemption for a Surviving Spouse of a Veteran
The veterans exemption runs in terms to the unmarried widow or widower, and Rhode Island defines unmarried generously: a remarriage that was void, ended in death, or was annulled or dissolved does not bar the benefit.
Rhode Island does not put its survivor property tax exemption in a separate provision. It writes the survivor into the grant itself. Subsection (a)(1) of 44-3-4 exempts "the property of each person who served ... or the property of the unmarried widow or widower of that person", so the survivor holds the exemption in their own right on the property they own.
The same phrasing carries through the section. The specially adapted housing exemption in subsection (b) names the unmarried widow or widower of a deceased veteran. The prisoner of war exemption in subsection (e) names them. Cranston's $250,000 disabled veteran exemption is extended to them. Jamestown's and Charlestown's local provisions name them, in Charlestown's case expressly where the survivor is not currently receiving the statutory exemption.
What makes this entry worth reading on its own is subsection (d), which is the most generous reading of "unmarried" in this catalog. In determining whether a person is the widow or widower of a veteran for the purposes of the section, the remarriage of the widow or widower "shall not bar the furnishing of the benefits of the section if the remarriage is void, has been terminated by death, or has been annulled or dissolved by a court of competent jurisdiction."
Read that against the usual rule. In most states remarriage ends a survivor benefit permanently, and a surviving spouse who remarries and is widowed again has lost it for good. Rhode Island restores it. A surviving spouse who remarried in 1990 and divorced in 2005 is an unmarried widow or widower for this section.
There is no disability rating anywhere in any of this, so a rating filter never hides this entry.
One thing to be careful about. Subsection (d) governs this section, which is the property tax section. Rhode Island's general construction provisions for veterans benefits at 30-22-1 and 30-22-3 extend war veterans benefits to "the widow or widower or domestic partner or other surviving kin", and 30-22-6 defines domestic partner with a five-part affidavit test covering exclusivity, age and capacity, no other marriage, no prohibited blood relationship, a year of shared residence, and financial interdependence evidenced two ways. Whether that definition reaches into the property tax exemption is not settled by the text of 44-3-4, which says widow or widower. A surviving domestic partner should claim and cite 30-22-1 rather than assume the door is shut.
The procedure is the veteran procedure: evidence to the assessors by the last day for filing sworn statements, standing so long as legal residence is unchanged, and five days before the roll is certified in South Kingstown.
Thresholds
Thresholds for Rhode Island Property Tax Exemption for a Surviving Spouse of a Veteran
Gate
Rule
Unmarried widow or widower of a qualifying veteran
The survivor holds the exemption in their own right on property they own. No disability rating is involved anywhere in the section, so the rating filter never hides this benefit.
Remarriage does not always end it
Subsection (d) provides that a remarriage does not bar the benefit if it is void, has been terminated by death, or has been annulled or dissolved by a court. A surviving spouse who remarried and was later widowed or divorced qualifies again.
A surviving domestic partner should claim and cite 30-22-1
Sections 30-22-1 and 30-22-3 extend war veterans benefits to a widow, widower, domestic partner, or other surviving kin, and 30-22-6 defines domestic partner by affidavit. Section 44-3-4 itself says widow or widower, so the reach of that definition into the property tax exemption is unsettled.
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Disclaimer
VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.