Hawaii Homestead Declaration following Decree of Legal Separation or Divorce

State:
Multi-State
Control #:
US-02099BG
Format:
Word; 
Rich Text
Instant download

Description

Ordinarily, the declaration must show that the claimant is the head of a family. In general, the claimant's right to select a homestead and to exempt it from forced sale must appear on the face of the declaration, and its omission cannot be supplied by extraneous evidence. Under some statutes, a declaration of homestead may be made by the owner or by his or her spouse.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

How to fill out Homestead Declaration Following Decree Of Legal Separation Or Divorce?

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FAQ

In Hawaii, the court will approve a statutory legal separation period of about two years based on documents that outline a separation agreement. At the end of this time, however, you must then finalize things either by formally ending the marriage or repairing it.

While the state of Hawaii recognizes legal separations, this is a process completely different from the divorce process. In some states, a separation can be one of several steps along the path to divorce, but in Hawaii these are completely different paths.

Since Hawai?i is an equitable distribution state, property and other assets ? including real estate ? that were acquired during the marriage must be divided equitably between the spouses in a divorce. Nearly three-quarters of all divorces involve real estate.

In Hawaii, for one spouse to be eligible for alimony, the spouses must have been legally married. Alimony is decided either by agreement between the spouses or by the court.

Homestead Leases The Hawaiian Homes Commission Act provides for awarding Hawaiian home lands available for homestead purposes to eligible applicants that are ?native Hawaiian? defined as an individual having not less than one-half (50%) Hawaiian ancestry and are at least 18 years old.

California's Property Division Laws The state follows the community property doctrine. The principle provides that any assets or debts the couple owned or acquired while married are community property. Each spouse has an equal interest in it. In a divorce, community property is subject to a 50/50 split.

Does Committing Adultery in Hawaii Affect Whether the Court Will Grant a Divorce? Hawaii is a "no-fault" divorce state. This means that in order to obtain a divorce, it doesn't matter who's to blame for the failure of the marriage?adultery doesn't play a role in determining whether or not a judge grants a divorce.

Hawaii is not a community property state, which means the judge will decide how property is divided on the basis of the skills and employability of each spouse, any special medical (or other financial) needs, and the value of unpaid work such as raising children and maintaining the home, for instance.

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Hawaii Homestead Declaration following Decree of Legal Separation or Divorce