§651-92  Real property exempt.  (a) 
Real property shall be exempt from attachment or execution as follows:



(1)  An interest in one parcel of real property in the
State of Hawaii of a fair market value not exceeding $30,000 owned by the
defendant who is either the head of a family or an individual sixty-five years
of age or older.



(2)  An interest in one parcel of real property in the
State of Hawaii of a fair market value not exceeding $20,000 owned by the
defendant who is a person.



The fair market value of the interest exempted in
paragraphs (1) or (2) shall be determined by appraisal and shall be an interest
which is over and above all liens and encumbrances on the real property
recorded prior to the lien under which attachment or execution is to be made. 
Not more than one exemption shall be claimed on any one parcel of real property
even though more than one person residing on such real property may otherwise
be entitled to an exemption.



Any claim of exemption under this section made
before May 27, 1976, shall be deemed to be amended on May 27, 1976, by
increasing the exemption to the amount permitted by this section on May 27,
1976, to the extent that such increase does not impair or defeat the right of
any creditor who has executed upon the real property prior to May 27, 1976.



(b)  No exemption authorized under this section
shall apply to process arising from:



(1)  A lien as provided by section 507-42;



(2)  A lien or security interest created by a
mortgage, security agreement, or other security instrument;



(3)  A tax lien in the name of the federal or state
government;



(4)  An improvement district lien of any county of the
State; or



(5)  A lien or encumbrance recorded against the real
property prior to the acquisition of interest in and commencement of residence
on such real property. [L 1976, c 136, pt of §1; am L 1978, c 46, §7]



 



Case Notes



 



  Compared to prior law.  61 H. 590, 607 P.2d 411.