Chapter 510 — Chapter 510

PART I. COMMUNITY PROPERTY ACQUIRED OR SITUATED IN THE STATE §510-1 Renumbered as §572-21. L 1984, c 79, §1.

§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 oth…

§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…

§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 …

PART II. UNIFORM DISPOSITION OF COMMUNITY PROPERTY RIGHTS AT DEATH ACT §510-21 Application. This part applies to the disposition at death of the following property acquired by a married person:

§510-22 Rebuttable presumptions. In determining whether this part applies to specific property the following rebuttable presumptions apply:

§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. O…

§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…

§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 a…

§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 o…

§510-27 Creditor's rights. This part does not affect rights of creditors with respect to property to which this part applies. [L 1973, c 132, pt of §1]

§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. [L 1973, c 132, pt of §1]

§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. [L 1973, c 132, pt of §1]

§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. [L 1945, c 273,…

§510-30 Short title. This part may be cited as the Hawaii Uniform Disposition of Community Property at Death Act. [L 1973, c 132, pt of §1]

§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. [L 1945, c 273, pt of…

§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 giv…

§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 re…

§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 prope…

§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 ente…

§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 ca…