Dividing property during a divorce can be stressful. Deciding who keeps the family home is often one of the biggest challenges.
How Hawaii handles property division
Hawaii follows the principle of equitable distribution. This does not mean splitting everything down the middle. Instead, the court decides what is fair based on several factors. These include the length of the marriage, contributions to the property, and financial situations.
The home may fall under “marital property.” If both spouses contributed to the mortgage or upkeep, it qualifies. On the other hand, if one spouse owned the house before the marriage, it might count as separate property. Yet, things get complicated if the other spouse helped increase its value.
Can you agree without court involvement?
Couples can reach their own agreements about the house. Some choose to sell it and split the proceeds. Others agree that one spouse will keep the home and buy out the other’s share. Mediation can help spouses agree without a lengthy court battle.
What happens if you cannot agree?
When couples cannot decide, the court steps in. Judges consider several factors to decide who keeps the house. They look at the best interests of any children involved. If children live in the home, the parent with primary custody often stays. Judges also review each spouse’s financial ability to maintain the property.
Property division laws in Hawaii are complex. A skilled attorney can explain your rights and help you understand your options. They can also help you gather evidence to support your claim to the home. Whether you aim to keep the house or reach a fair agreement, legal advice can make a difference.
Divorce is hard, but you do not have to handle it alone. Understanding how property division works can ease some of the burden. Take the time to understand your rights and work towards a solution that protects your future.