Who gets the house in a Hawaii divorce? The short answer

If you are divorcing and own a home in Hawaii, the house is usually the biggest question on the table. Here is the short version of how it works.

No one automatically gets the house

In Hawaii, neither spouse automatically keeps the house because of whose name is on the title, who paid the mortgage, or who lives there now. Who keeps it, who buys the other out, or whether it gets sold is decided by agreement between both spouses or, if they cannot agree, by a court order.

Hawaii divides marital property fairly, not always equally. Fair does not always mean a 50/50 split, and the house is usually the largest asset in the picture.

The three paths

In practice, couples usually land on one of three paths. One spouse keeps the house, which usually means buying out the other spouse's interest and refinancing the mortgage into one name. Or you sell the house and divide the proceeds, which is the cleanest break for many couples. Or you wait, for example until children finish a school year, with who pays what in the meantime written down too.

One part people forget: keeping the house is not just about the deed. If both names are on the mortgage, both people are still responsible for it until it is refinanced into one name or paid off.

The one thing to settle first

If you sell, get the ground rules in writing before the home goes on the market: how the sale price will be decided, how offers will be reviewed, who signs what, who pays for repairs or preparation, and how proceeds will be handled. Settling this early protects your equity, your peace of mind, and the sale itself.

This is general information only, not legal advice. A real estate agent does not decide who gets the house. Your attorneys handle the legal side. Talk to your attorney before you talk to an agent if you are early in the process.

Read the full article on the divorce site: Who gets the house in a Hawaii divorce? (https://www.hawaiidivorceagent.com/blog/who-gets-the-house-hawaii-divorce)

Staci Wolff, CDRE, REALTOR®, Blue Horizon Group, brokered by REAL Broker, LLC, Lic. RS-82566