Haw. Rev. Stat. § 510-1
Renumbered as §572-21
L 1984, c 79, §1.
Hawaii Revised Statutes Chapter 510 — Community Property
Hawaii · statute · Haw. Rev. Stat. ch. 510 · 21 active provisions
Haw. Rev. Stat. § 510-2
Transfers--husband to wife and wife to husband
The husband may give, grant, bargain, sell, or convey directly to his wife, and the wife may give, grant, bargain, sell, or convey directly to her husband, his or her community right, title, interest, or estate in all or any community property, real or personal. Every such transfer made from the husband to the wife or…
Haw. Rev. Stat. § 510-3
Control of husband's separate property
The husband has the same right to manage, control, dispose of, and otherwise deal with his separate property as would be applicable with respect to his property generally were it not for the enactment of this chapter.
Haw. Rev. Stat. § 510-4
Control of wife's separate property
The wife has the same right to manage, control, dispose of, and otherwise deal with her separate property as would be applicable with respect to her property generally were it not for the enactment of this chapter.
Haw. Rev. Stat. § 510-5
Control of community property
(a) Either spouse, as agent for the owners of the community property, has the same right as though it were that spouse's separate property to receive, manage, control, dispose of, and otherwise deal with all community property. The rights given to either spouse to manage, control, dispose of, and otherwise deal with co…
Haw. Rev. Stat. § 510-6
Incapacity of spouse
(a) Whenever the husband or the wife is non compos mentis, or has been convicted of a felony and imprisoned for a period of more than one year, or whenever the husband or the wife is an habitual drunkard, or for any other reason is incapacitated to receive, manage, control, dispose of, or otherwise deal with community…
Haw. Rev. Stat. § 510-7
Representation in legal proceedings
The person in whose name any community property stands is a necessary party in all actions and other legal proceedings brought affecting the community property, or arising out of the management of, control of, or dealing with such property. Any other person having or claiming an interest in the property may be but need…
Haw. Rev. Stat. § 510-8
Property subject to obligations
(a) The separate property of the wife is liable for debts contracted at any time by the wife and liabilities of the wife arising at any time out of tort or otherwise, including any such debts or liabilities by reason of any transaction entered into or action taken by the wife relating to the management or control or di…
Haw. Rev. Stat. § 510-9
Divorce; division of property
In the event of the dissolution of marriage by decree of any court of competent jurisdiction, community property shall be divided between the parties by the court granting the decree, in such proportions as the court, from the facts in the case, deems just and equitable, and such division shall be subject to revision o…
Haw. Rev. Stat. § 510-10
Death of husband or wife
(a) Upon the death of the husband or wife one-half of the community property shall continue to belong to the survivor, subject to the payment of claims for which the community property is liable and subject to administration expenses, and the other half shall pass in accordance with testamentary disposition by the dece…
Haw. Rev. Stat. § 510-11
Location of property affected
This part applies to personal property wherever situated acquired by a husband or wife while domiciled in the State and applies to the real property situated in the State of a husband or wife while domiciled therein. This part does not apply to any property wherever situated acquired by a husband or wife while not domi…
Haw. Rev. Stat. § 510-21
Application
This part applies to the disposition at death of the following property acquired by a married person: (1) All personal property, wherever situated: (A) Which was acquired as or became, and remained, community property under the laws of another jurisdiction; (B) All or the proportionate part of that property acquired wi…
Haw. Rev. Stat. § 510-22
Rebuttable presumptions
In determining whether this part applies to specific property the following rebuttable presumptions apply: (1) Property acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as or t…
Haw. Rev. Stat. § 510-23
Disposition upon death
Upon death of a married person, one-half of the property to which this part applies is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the laws of succession of this State. One-half of that property is the property of the decedent and is subject…
Haw. Rev. Stat. § 510-24
Perfection of title of surviving spouse
If the title to any property to which this part applies was held by the decedent at the time of death, title of the surviving spouse may be perfected by an order of the circuit court or by execution of an instrument by the personal representative or the heirs or devisees of the decedent with the approval of the circuit…
Haw. Rev. Stat. § 510-25
Perfection of title of personal representative, heirs, or devisee
If title to any property to which this part applies is held by the surviving spouse at the time of the decedent's death, the personal representative or an heir or devisee of the decedent may institute an action to perfect title to the property. The personal representative has no fiduciary duty to discover or attempt to…
Haw. Rev. Stat. § 510-26
Purchaser for value or lender
(a) If a surviving spouse has apparent title to property to which this part applies, a purchaser for value or a lender taking a security interest in the property takes the purchaser's or lender's interest in the property free of any rights of the personal representative or an heir or devisee of the decedent. (b) If a p…
Haw. Rev. Stat. § 510-27
Creditor's rights
This part does not affect rights of creditors with respect to property to which this part applies.
Haw. Rev. Stat. § 510-28
Acts of married persons
This part does not prevent married persons from severing or altering their interests in property to which this part applies.
Haw. Rev. Stat. § 510-29
Limitations on testamentary disposition
This part does not authorize a person to dispose of property by will if it is held under limitations imposed by law preventing testamentary disposition by that person.
Haw. Rev. Stat. § 510-30
Short title
This part may be cited as the Hawaii Uniform Disposition of Community Property at Death Act.