§510-8  Property subject to obligations. 
(a)  The separate property of the wife is liable for debts contracted at any
time by the wife and liabilities of the wife arising at any time out of tort or
otherwise, including any such debts or liabilities by reason of any transaction
entered into or action taken by the wife relating to the management or control
or disposition of or other dealing with or for the protection or benefit of the
community property, but is not liable for debts or liabilities of the husband.



(b)  The separate property of the husband is
liable for debts contracted at any time by the husband and liabilities of the
husband arising at any time out of tort or otherwise, including any such debts
or liabilities by reason of any transaction entered into or action taken by the
husband relating to the management or control or disposition of or other
dealing with or for the protection or benefit of the community property, but is
not liable for debts or liabilities of the wife.



(c)  The community property is liable for debts
contracted by the husband or by the wife or by both, and for liabilities of the
husband or the wife or both arising out of tort or otherwise, in any
transaction entered into or action taken by the husband or the wife or both relating
to the management or control or disposition of or other dealing with or for the
protection or benefit of the community property.  With respect to the liability
of community property for such debts and liabilities, no distinction shall be
made between community property subject to the management and control of the
wife and community property subject to the management and control of the
husband.



(d)  As between the community property and the
separate property of the wife or of the husband the community property is
liable for the debts and liabilities referred to in subsection (c).



(e)  The earnings of the wife and the rents,
issues, incomes, and other profits of the separate property of the wife are
liable for debts contracted by the wife prior to the inception of the community
and the liabilities of the wife arising prior to the inception of the community
out of tort or otherwise.



(f)  The earnings of the husband and the rents,
issues, incomes, and other profits of the separate property of the husband are
liable for debts contracted by the husband prior to the inception of the
community and the liabilities of the husband arising prior to the inception of
the community out of tort or otherwise.



(g)  As between the community property and the
separate property of the wife or of the husband, the separate property is
liable for the debts and liabilities referred to in subsections (e) and (f) of
this section.  For the purposes of subsections (e) and (f) the inception of the
community is the marriage of the husband and wife or June 1, 1945, whichever is
the later.



(h)  Nothing in this section shall affect or
modify the obligation of both spouses to support one another and their family
and to discharge all debts contracted by the other for necessaries for
themselves and their family during marriage; provided that if and whenever
there is community property available for such purpose both spouses are
entitled to resort to the community property rather than to their respective
separate property.



(i)  Nothing in this section shall prevent the
wife or the husband from mortgaging or pledging her or his separate property or
prevent the wife and the husband from joining in a mortgage or pledge of
community property as security for any indebtedness whether of the wife or of
the husband or both. [L 1945, c 273, pt of §1; RL 1955, §326-8; HRS §510-8; am
L 1984, c 100, §2]



 



Case Notes



 



  Subsection (h) permits husband to discharge obligation to
support wife by resort to community property rather than separate property but
there is no presumption as to what choice has been made.  246 F.2d 204, 206;
see 277 F.2d 806.



  Under subsection (c) community property may be applied by
Internal Revenue Service to satisfaction of husband's income tax liability. 
277 F.2d 806.



  This section relates to funds that may be reached by
creditors of the community and separate creditors; no bearing upon division of
community property between the parties.  41 H. 578, 589.