Hawaii Marriage Law - Dividing Property

[Cherryleaf]

Here is something I'd like to know and thought I'd ask here first before spending money on a lawyer session. Hopefully someone here might have the knowledge or has gone through this already.

Q: If one spouse has a piece of land in Hawaii in their name only as "sole proprietor" (think I spelled that right) Can they lose that piece of land upon divorce? (Assuming we are living in Hawaii at that time)

I have a piece of land out there that I would hope not to lose if indeed situations cannot be worked out (my monies paid for it) but It'd be nice to know for sure. To add to the question, do situations differ if there is a structure on it?

Thank you very much in advance.



~Cherryleaf~

[kalakoa]

I am not a lawyer, but google for "hawaii community property" and you get something like:

http://wiki.answers.com/Q/Is_Hawaii_a_co...erty_state

I would start there.

[Lee M-S]

Hawaii is not a community property state, so spouses can own things separately, even if they are purchased after marriage. That makes it all yours, not half yours and half theirs.

But if you bought it while married and living in a community property state, the rules might be different.


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[Cherryleaf]

Yes the property was purchased while we were married. I only put my name on the deed though in case something like this happened. I was hoping that would be enough to protect it. I'll keep my fingers crossed someone comes across this thread that has some knowledge in this subject.

~Cherryleaf~

[Cherryleaf]

And I'll add this too. Spouse is not an American citizen. They are holding a green card and are considered a permanent resident but is not a citizen at this time. I have no idea if that makes a difference or not. I am an American citizen

~Cherryleaf~

[Carey]

From Nolo.com:

"What is the residency requirement for divorce in Hawaii?

At least one spouse must be a resident of Hawaii for six months before filing for divorce.
How is property divided at divorce in Hawaii?

Hawaii is an equitable division state. In an equitable division state, each spouse owns the income he or she earns during the marriage, and also has the right to manage any property that's in his or her name alone. But at divorce, whose name is on what property isn't the only deciding factor. Instead, the judge will divide marital property in a way that the judge considers fair, but won't necessarily be exactly equal."

Hawaii Statute on property division is here:
http://www.capitol.hawaii.gov/hrscurrent...0-0047.htm

There is a link to view "Divorce Law in Hawaii Seminar" here:
http://www.courts.state.hi.us/self-help/...awaii.html

HI Cty Family Court forms, inc. divorce:
http://www.courts.state.hi.us/self-help/...forms.html



http://www.nolo.com/legal-encyclopedia/h...31775.html

[ericlp]

sorry DP. Internet sometimes drops out.

[ericlp]

It really depends. How much is the value of the property? What are your taxes? The judge will only put what the state thinks it's worth.

So if it's just land and no building average 20K bucks for 3 acres or 1 acre in HPP. Your husband probably wouldn't want to fight for it. If you did have to fight for it, and you could prove you had a job and made the checks out or spent your own money buying the property and it is in 100% your name. More than likely he wouldn't have a leg to stand on.

I'd probably not worry about it and just go with the flow. Tho if the property was worth say a half million dollars it might be wise to get it out of your name into a family members name or someone your can "REALLY" trust.

GreenCard or no Greencard doesn't make any difference. Anyone can buy property in the USA. You don't need to be a citizen of this country to own land. It's not like Thailand.

GoodLuck!

I might add that it is kinda rare but happens. You two could work it out and just sign papers with out any lawyers ... DIY divorce. Cheapest and best option! You only need a lawyer if someone doesn't agree to the terms.

[topograph]

I went the DIY divorce route, and at the time (10+ years ago) you got to stipulate who got what. But that presupposees that the two parties are in agreement...