§580-56  Property rights following
dissolution of marriage.  (a)  Every decree of divorce which does not
specifically recite that the final division of the property of the parties is
reserved for further hearing, decision, and orders shall finally divide the
property of the parties to such action.



(b)  Following the entry of a decree of divorce
in any matrimonial action in which the final division of the property of the
parties to such action is reserved for further hearings, decisions, and orders,
notwithstanding the provisions of section 560:2-802, or any other provisions of
the law to the contrary, each party to such action shall continue to have all
of the rights to and interests in the property of the other party to such
action as provided by chapter 533 and chapter 560, or as otherwise provided by
law to the same extent he or she would have had such rights or interests if the
decree of divorce had not been entered, until the entry of a decree or order
finally dividing the property of the parties to such matrimonial action, or as
provided in subsection (d) of this section.



(c)  When a party to a matrimonial action has
remarried following the entry of a decree of divorce, in which the final
division of the property of the parties is reserved for further hearings,
decisions, and orders, but prior to the entry of a decree or order finally
dividing the property owned by the parties to that action, notwithstanding the
provisions of chapter 533 and chapter 560, the spouse of such remarried party
shall have none of the rights or interests in the former spouse's real property
or personal estate as provided in chapter 533 and chapter 560, or as otherwise
provided by law, until such time as a decree or order finally dividing the
property owned by the parties or either of them as of the effective date of the
entry of the decree of divorce dissolving his or her prior marriage shall be
entered.  Upon the entry of a decree or order finally dividing the property of
the parties to a matrimonial action in which a decree of divorce has been
entered, the spouse of a party to such action who has remarried shall have all
of the rights of a spouse as provided by chapter 533 and chapter 560, or as
otherwise provided by law, in and to the property of the former spouse vested
in such spouse by such decree or order finally dividing the property of the
parties or either of them, as of the effective date of the entry of the decree
of dissolution of the prior marriage.



(d)  Following the entry of a decree of
divorce, or the entry of a decree or order finally dividing the property of the
parties to a matrimonial action if the same is reserved in the decree of
divorce, or the elapse of one year after entry of a decree or order reserving
the final division of property of the party, a divorced spouse shall not be
entitled to dower or curtesy in the former spouse's real estate, or any part
thereof, nor to any share of the former spouse's personal estate. [CC 1859,
§1332; RL 1925, §2986; RL 1935, §4483; RL 1945, §12234; RL 1955, §324-45; HRS §580-56;
am L 1973, c 192, §2; am L 1983, c 209, §1]



 



Case Notes



 



  Divorce cuts off right to dower.  12 H. 265; 35 H. 440.



  Divorce court in one state does not have power to directly
affect, by decree, title to real property in another state.  56 H. 295, 535
P.2d 1109.



  One-year limitation applies to all entitlements to former
spouse's personal estate; "personal estate" includes living person's
property.  Section does not violate due process by imposing unreasonable
procedural requirement on adjudication of claim.  69 H. 1, 730 P.2d 338.



  Section 580-47 controls the division of property of divorced
parties in the event one dies in the interim between their divorce and the
division of property.  70 H. 605, 780 P.2d 80.



  Where family court's domestic relations order amending the
initial divorce decree was not inconsistent with the language of the initial
divorce decree or this section, the family court possessed appropriate
jurisdiction to amend the divorce decree.  100 H. 397, 60 P.3d 798.



  Where jurisdiction to divide the parties' property is not
reserved, it terminates when the time to appeal the decree expires.  1 H. App.
605, 623 P.2d 893.



  No inchoate dower right in property if only a reservation to
purchase property existed on date of divorce decree.  4 H. App. 41, 659 P.2d
759.



  Divorced spouse not entitled to former spouse's personal
estate.  7 H. App. 286, 758 P.2d 197.



  Does not divest family court of jurisdiction under family
court rule to change division of property issue when request for change is
based on a retroactive change in relevant federal law.  8 H. App. 559, 815 P.2d
28.



  Section does not apply where family court lacks jurisdiction
to finally adjudicate division and distribution of property and debts of
parties.  9 H. App. 176, 830 P.2d 1158.



  When computing subsection (d)'s "one year" period,
the time from filing a notice of appeal of the family court's decree deciding
division and distribution of property and debts to the entry of the appellate
court's judgment on appeal is excluded.  9 H. App. 214, 832 P.2d 280.



  In light of subsection (a), when the divorce decree ordered
husband to transfer a specified value of husband's stocks and funds to wife,
that specified value of husband's stocks and funds, for purposes of subsection
(d), was no longer a part of husband's personal estate.  108 H. 504 (App.), 122
P.3d 284.



  Cited:  21 H. 264, 266.