§572-25  Separate property.  The real
and personal property of a spouse, upon marriage, shall remain that spouse's
separate property, free from the management, control, debts, and obligations of
the other spouse; and a spouse may receive, receipt for, hold, manage, and
dispose of property, real and personal, in the same manner as if that spouse
were sole. [L 1888, c 11, §1; RL 1925, §2993; am L 1925, c 274, §1; RL 1935,
§4644; RL 1945, §12365; RL 1955, §325-1; HRS §573-1; am L 1984, c 159, §1; ren
L 1987, c 46, §1]



 



Law Journals and Reviews



 



  For a discussion of the general effect of married women's
acts on estates by the tenancy, see Summary of the Law on Tenancies.  2 HBJ,
Jul 1964, at 12.



 



Case Notes



 



  Not violated by discharge of wife, who along with husband,
violated company policy by forming own company while still working for
employer.  558 F. Supp. 1229.



  Before June 23, 1888:  A power of attorney from husband to
wife with respect to his own lands, did not authorize the wife to mortgage her
separate property.  7 H. 216.  Wife could not convey land without husband's
consent in writing.  11 H. 497. And could not convey to husband during
coverture.  6 H. 69 and 297.  But husband could lease or otherwise dispose of
wife's real property for a definite term pending his natural life, with wife's
written consent.  11 H. 777.  Husband joining wife as lessor of wife's property
liable on covenant only during his life.  8 H. 249.  A devise to husband and
wife created an estate in entirety.  3 H. 725; 5 H. 123; 7 H. 575; 13 H. 196. 
Choses in action of wife not reduced into possession by husband remain wife's
property.  5 H. 550.  Previously money accruing and paid to wife vested
immediately to husband without his reducing it to possession.  7 H. 327.  See 8
H. 245.



  After June 23, 1888 and before May 5, 1925:  Wife could
execute valid lease of land so as to entitle lessee to possession after
husband's death although the land acquired and marriage occurred prior to June
23, 1888.  9 H. 369.  Action after Act of 1888 on contract made by wife with
consent of husband before such act should be against wife only.  9 H. 543. 
Common law fiction of unity of husband and wife destroyed by Act of 1888.  16
H. 731.  Deficiency judgment on mortgage foreclosure may be rendered against
married woman.  16 H. 799.  Warranty deed by husband and wife, who were tenants
by the entirety sufficient though no express consent by husband, and statement
by husband in deed of wife's separate property conveying his right as husband
in the land a sufficient consent.  28 H. 385.  Income from wife's separate
property mingled by her with husband's funds for long period and used to defray
general expenses of family and business held gift and not recoverable as debt
or trust by wife from husband after divorce.  30 H. 392.  Purchase of property
husband taking title in wife's name raises rebuttable presumption of gift.  30
H. 565, aff'd 35 F. 943.



  Liability of a wife who is joint owner of land with her
husband as tenant by the entirety.  47 H. 149, 384 P.2d 303.



  There is no conflict between this section and §580-47.  59 H.
32, 575 P.2d 468.



  Cited:  31 H. 817, 910; 33 H. 34, 50.