reglab/housing_qa huggingface dataset:
HI Rev Stat § 508D-19 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508D. Mandatory Seller Disclosures in Real Estate Transactions|508D-19 Severability.

  §508D-19 Severability. If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. [L 1994, c 214, pt of §2]
HI Rev Stat § 508D-20 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508D. Mandatory Seller Disclosures in Real Estate Transactions|508D-20 REPEALED.

  §508D-20 REPEALED. L 1996, c 161, §19.
HI Rev Stat § 509-1 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|509. Conveyances to Two or More|509-1 Construed as estates in common, when.

  §509-1 Construed as estates in common, when. All grants, conveyances, and devises of land, or of any interest therein, made to two or more persons, shall be construed to create estates in common and not in joint tenancy or by entirety, unless it manifestly appears from the tenor of the instrument that it was intended to create an estate in joint tenancy or by entirety; provided that this section shall not apply to grants, conveyances, or devises to personal representatives or trustees. [L 1903, c 19; RL 1925, §3190; RL 1935, §5180; RL 1945, §12780; RL 1955, §345-1; HRS §509-1; am L 1976, c 200, pt of §1] Cross References  Married persons, see § §572-21, 572-25. Case Notes  Assuming there could be estate by entirety in personalty, nevertheless stock held by husband and wife "as joint tenants with right of survivorship" not held by entirety. 95 F. Supp. 684, 691 (1951).  Prior to statute, conveyance to two or more construed as tenancy in common; common law rule rejected. 5 H. 543 (1886).  Statute does not apply to will which took effect before its enactment. 23 H. 747, 754 (1917), aff'd 255 Fed. 732 (1919).  In case of doubt, grantees take as tenants in common. 24 H. 341 (1918); 37 H. 234, 241 (1945). But if intention to create joint tenancy manifestly appears, estate in joint tenancy created. 24 H. 341 (1918).  Two or more persons acquiring title by adverse possession take as tenants in common in absence of agreement to the contrary. 31 H. 661 (1930).  There is a general fiduciary relationship between cotenants. 57 H. 195, 552 P.2d 1380 (1976).  An estate by the entirety is not subject to claims of creditors of one of the spouses. 57 H. 608, 561 P.2d 1291 (1977).  Right of survivorship of a joint tenant is subject to levy. 59 H. 277, 580 P.2d 843 (1978).  Personal property not affected by section. 59 H. 474, 583 P.2d 966 (1978).  Proceeds from sale of land held by the entirety are also property held by the entirety in absence of contrary intent. 59 H. 474, 583 P.2d 966 (1978).
HI Rev Stat § 509-3 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|509. Conveyances to Two or More|509-3 Tenancy by the entirety when owners change relationship status.

  §509-3 Tenancy by the entirety when owners change relationship status. (a) When two individuals who hold property as tenants by the entirety enter into a different legal relationship with each other that also allows them to hold property as tenants by the entirety, their ownership as tenants by the entirety shall be continuous:  (1) If the new legal relationship is entered into simultaneously with the termination of the earlier legal relationship; or  (2) If the new legal relationship is entered into within ninety days after the termination of the earlier legal relationship; provided that no liens were perfected and attached on the property in the interim.  (b) The continuity of a tenancy by the entirety under this section shall apply to couples married under chapter 572, civil union partners under chapter 572B, and reciprocal beneficiaries under chapter 572C.  (c) Nothing in this section precludes any individuals from opting to hold their property in another manner as permitted under this chapter.  (d) Nothing in this section shall impact liens perfected and attached on the property after the earlier legal relationship was terminated and before January 1, 2012. [L 2012, c 267, §2] Revision Note  In subsection (d), "January 1, 2012" substituted for "the date this Act became law upon its approval". The approval date for Act 267 was July 6, 2012.
HI Rev Stat § 510-1 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|510. Community Property|510-1 Renumbered as §572-21.

Note Part heading added by L 1973, c 132, §3. §510-1 Renumbered as §572-21. L 1984, c 79, §1.
HI Rev Stat § 510-2 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|510. Community Property|510-2 Transfers--husband to wife and wife to husband.

  §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 from the wife to the husband operates to divest the property therein described of every claim or demand as community property, and vests the same in the transferee as the separate property of the transferee; provided that no such transfer affects any equity in favor of creditors at the time of the transfer. [L 1945, c 273, pt of §1; RL 1955, §326-2; HRS §510-2]
HI Rev Stat § 510-3 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|510. Community Property|510-3 Control of husband's separate property.

  §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, pt of §1; RL 1955, §326-3; HRS §510-3] Cross References  Spouse's separate property, see §572-25.
HI Rev Stat § 510-4 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|510. Community Property|510-4 Control of wife's separate property.

  §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 §1; RL 1955, §326-4; HRS §510-4] Cross References  Spouse's separate property, see §572-25.
HI Rev Stat § 510-5 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|510. Community Property|510-5 Control of community property.

  §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 community property, as provided in this section, shall be exercised in good faith for the benefit of the owners of the community property and their legal representatives, but no person shall be held liable or accountable with respect to any conveyance, transfer, or other disposition of, or with respect to the management of, control of, or dealing with such community property, except the spouse by whom the same has been so conveyed, transferred, or otherwise disposed of, managed, controlled, or otherwise dealt with. In case of any violation by either spouse of any duty owed to the other or their legal representatives, the person aggrieved and the legal representatives of such person are entitled to appropriate relief.  (b) Nothing in subsection (a) shall be construed to alter or modify or to otherwise affect the legal effect of any act or transaction which occurred prior to May 9, 1984. [L 1945, c 273, pt of §1; am L 1949, c 242, §3(b); RL 1955, §326-5; HRS §510-5; am L 1984, c 100, §1] Revision Note  "May 9, 1984" substituted for "the effective date of this subsection". Case Notes  Defense applicable against husband in an action for protection of community property is similarly applicable against the wife. 44 H. 297, 353 P.2d 820 (1960).
HI Rev Stat § 510-6 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|510. Community Property|510-6 Incapacity of spouse.

  §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 property, the other spouse may commence an action in the circuit court of the circuit in which the plaintiff resides or of the circuit wherein any of the community property is located or situated, stating the name of the incapacitated spouse, a description or summary of all community property, both real and personal, as far as known, and the facts which render the other spouse incapacitated to receive, manage, control, dispose of, or otherwise deal with community property, and praying that the spouse filing the complaint be substituted for the incapacitated spouse, as to the right to receive, manage, control, dispose of, and otherwise deal with all or any designated portion or portions of the community property, then owned and thereafter to be acquired, which would otherwise be under the management and control of the incapacitated spouse.  (b) In all such cases service of process shall be had as in other civil actions; provided that where it is alleged that the other spouse is non compos mentis a guardian ad litem shall be appointed having such powers as in other civil actions.  (c) Upon the hearing, the court shall enter judgment either dismissing the complaint or adjudging the spouse filing the same to have such power of receiving, managing, controlling, and disposing of and dealing with all or any designated portion or portions of community property, then owned and thereafter to be acquired, which would otherwise be under the management and control of the incapacitated spouse, and containing such other provisions, all as to the court may appear to be just, proper, equitable, and to the best interests of the community.  (d) In case of any change in conditions after the entry of judgment pursuant to this section, either spouse may by motion showing the change in conditions, apply to the same court for the modification or rescission of the judgment. In such case notice to the other spouse shall be given in such manner as the court may direct. Upon the hearing of the motion the court shall either deny the motion or modify or rescind the prior judgment, as to the court may appear to be just, proper, equitable, and to the best interests of the community. [L 1945, c 273, pt of §1; RL 1955, §326-6; HRS §510-6; am L 1972, c 107, §1(a)]
HI Rev Stat § 510-7 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|510. Community Property|510-7 Representation in legal proceedings.

  §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 not be joined as a party; provided that no judgment, decree, or other order shall be enforced against any person except to the extent of the person's interest in the community property, or against the separate property of the person, unless the person is a party. This section is subject to any judgment which may be entered pursuant to section 510-6. [L 1945, c 273, pt of §1; am L 1949, c 242, §3(c); RL 1955, §326-7; HRS §510-7; am L 1972, c 107, §1(b); gen ch 1985] Rules of Court  Joinder of parties, see HRCP rules 19, 20.
HI Rev Stat § 510-9 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|510. Community Property|510-9 Divorce; division of property.

  §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 on appeal in all respects including the exercise of discretion by the court below. [L 1945, c 273, pt of §1; RL 1955, §326-9; HRS §510-9] Case Notes  See 41 H. 578 (1957).
HI Rev Stat § 510-11 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|510. Community Property|510-11 Location of property affected.

  §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 domiciled in the State. [L 1945, c 273, pt of §1; RL 1955, §326-11; HRS §510-11; am L 1973, c 132, §2]
HI Rev Stat § 510-21 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|510. Community Property|510-21 Application.

  §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 with the rents, issues, or income of, or the proceeds from, or in exchange for, that community property; or   (C) Traceable to that community property;   (2) All or the proportionate part of any real property situated in this State which was acquired with the rents, issues, or income of, the proceeds from, or in exchange for, property acquired as or which became, and remained, community property under the laws of another jurisdiction, or property traceable to that community property. [L 1973, c 132, pt of §1]
HI Rev Stat § 510-22 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|510. Community Property|510-22 Rebuttable presumptions.

  §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 to have become, and remained, property to which this part applies; and   (2) Real property situated in this State and personal property wherever situated acquired by a married person while domiciled in a jurisdiction under whose laws property could not then be acquired as community property, title to which was taken in a form which created rights of survivorship, is presumed not to be property to which this part applies. [L 1973, c 132, pt of §1]
HI Rev Stat § 510-23 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|510. Community Property|510-23 Disposition upon death.

  §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 to testamentary disposition or distribution under the laws of succession of this State. With respect to property to which this part applies, the one-half of the property which is the property of the decedent is not subject to the surviving spouse's right to elect against the will, is not included in the decedent's net estate which is subject to the elective share of the surviving spouse, and no estate of dower or curtesy exists in the property of the decedent. [L 1973, c 132, pt of §1; am L 1976, c 200, pt of §1]
HI Rev Stat § 510-24 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|510. Community Property|510-24 Perfection of title of surviving spouse.

  §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 court. Neither the personal representative nor the court in which the decedent's estate is being administered has a duty to discover or attempt to discover whether property held by the decedent is property to which this part applies, unless a written demand is made by the surviving spouse or the spouse's successor in interest. [L 1973, c 132, pt of §1]
HI Rev Stat § 510-25 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|510. Community Property|510-25 Perfection of title of personal representative, heirs, or devisee.

  §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 discover whether any property held by the surviving spouse is property to which this part applies, unless a written demand is made by an heir, devisee, or creditor of the decedent. [L 1973, c 132, pt of §1]
HI Rev Stat § 510-26 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|510. Community Property|510-26 Purchaser for value or lender.

  §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 personal representative or an heir or devisee of the decedent 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 surviving spouse.   A purchaser for value or a lender need not inquire whether a vendor or borrower acted properly with respect to property to which this part applies.   (c) The proceeds of a sale of or creation of a security interest in property to which this part applies shall be treated in the same manner as the property transferred to the purchaser for value or a lender. [L 1973, c 132, pt of §1; gen ch 1985; am L 1987, c 283, §47]
HI Rev Stat § 510-27 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|510. Community Property|510-27 Creditor's rights.

  §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]
HI Rev Stat § 510-28 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|510. Community Property|510-28 Acts of married persons.

  §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]
HI Rev Stat § 510-29 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|510. Community Property|510-29 Limitations on testamentary disposition.

  §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]
HI Rev Stat § 510-30 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|510. Community Property|510-30 Short title.

  §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]
HI Rev Stat § 512-1 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|512. Release of Powers|512-1 Release of power by written instrument.

  §512-1 Release of power by written instrument. Any power, including any power of appointment, whether exercisable by deed or by will or otherwise, and whether general or special, other than an imperative power, may be released, either with or without consideration, by written instrument executed by the donee and delivered as hereinafter provided or as provided in the instrument creating the power.   The power may be released as to all or any part of the property subject thereto and may be released so as to reduce or limit the persons or objects, or classes of persons or objects, in whose favor the power would otherwise be exercisable. No release shall make imperative any power which was not imperative prior to the release.   Any such release may be delivered as follows:   (1) To any person specified for such purpose in the instrument creating the power;   (2) To any trustee of the property to which the power relates;   (3) To any person, other than the donee, who could be adversely affected by the exercise of the power; or   (4) To the registrar of conveyances of the State in form suitable for recording, who shall accept the same for record upon payment of the fee provided by law. From the time of the recordation notice of the release shall be deemed to have been given all persons. [L 1947, c 126, §1; RL 1955, §198-1; HRS §512-1]
HI Rev Stat § 512-2 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|512. Release of Powers|512-2 Prior releases validated.

  §512-2 Prior releases validated. All releases of powers made prior to May 16, 1947, which substantially comply with the requirements of section 512-1 are validated. [L 1947, c 126, §2; RL 1955, §198-2; HRS §512-2]
HI Rev Stat § 512-3 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|512. Release of Powers|512-3 Method of release herein not exclusive.

  §512-3 Method of release herein not exclusive. No one of the means or methods provided in this chapter for the release of a power is exclusive of any other means or method provided in this chapter or otherwise available for the purpose, and the means and methods provided in this chapter are in addition to all other means and methods available to a donee for the release of a power in whole or in part. Nothing in this chapter shall prevent or render ineffective the release in any lawful manner of any power. [L 1947, c 126, §3; RL 1955, §198-3; HRS §512-3]
HI Rev Stat § 513-1 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|513. Property Rights--Labor Organizations|513-1 Labor organizations.

  §513-1 Labor organizations. Labor organizations, as defined in the federal Labor Management Relations Act or in the Hawaii Employment Relations Act, may take, hold, transfer, and convey property, real, personal, or mixed, and in all other wise deal with the property, in the name of and as though the labor organization were a separate natural person; provided that the labor organization shall act by and through its duly authorized officers or agents. [L 1965, c 272, §1; Supp, §345E-1; HRS §513-1]
HI Rev Stat § 514B-1 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-1 Short title.

 §514B-1 Short title. This chapter may be cited as the Condominium Property Act. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]
HI Rev Stat § 514B-2 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|514B. Condominiums|514B-2 Applicability.

 §514B-2 Applicability. Applicability of this chapter is governed by part II. [L 2004, c 164, pt of §2; am L 2005, c 93, §7]