2018 Hawaii Revised Statutes
TITLE 28. PROPERTY
510. Community Property
OR SITUATED IN THE STATE
- 510-1 Renumbered as §572-21.
- 510-2 Transfers--husband to wife and wife to husband.
- 510-3 Control of husband's separate property.
- 510-4 Control of wife's separate property.
- 510-5 Control of community property.
- 510-6 Incapacity of spouse.
- 510-7 Representation in legal proceedings.
- 510-8 Property subject to obligations.
- 510-9 Divorce; division of property.
- 510-10 Death of husband or wife.
- 510-11 Location of property affected.
PROPERTY RIGHTS AT DEATH ACT
- 510-21 Application.
- 510-22 Rebuttable presumptions.
- 510-23 Disposition upon death.
- 510-24 Perfection of title of surviving spouse.
- 510-25 Perfection of title of personal representative, heirs, or devisee.
- 510-26 Purchaser for value or lender.
- 510-27 Creditor's rights.
- 510-28 Acts of married persons.
- 510-29 Limitations on testamentary disposition.
- 510-30 Short title.
Note
By virtue of L 1945, c 273, the community property system was in effect in the State from 1945 to 1949. The system was abolished by L 1949, c 242. Community property established during 1945 to 1949 is governed by this chapter.
L 1949, c 242, 1, repealed 1-4 of L 1945, c 273, but provided that established interests in property should not be divested. The repealed sections defined separate property and community property. Upheld as constitutional in classifying as community property the income from separate property held before marriage. 41 H. 578 (1957).
See L 1949, c 242, 2, providing that income of community property held when community dissolved by that act shall be held as community property.
Effect of repeal, see 198 F. Supp. 78, 87 (1961), aff'd 304 F.2d 149 (1962).
Payment of federal tax constituting a lien when community property law went into effect, held authorized use of community income while community estate continued. 41 H. 578, 588 (1957).
Prior to 1949, 510-1 provided that property acquired after the commencement of the community presumed to be community property. Applied in 41 H. 578, 590 (1957); 246 F.2d 204 (1957); see 277 F.2d 806 (1960).