Full question:
My wife bought a car in Hawaii in her name using my money. I want to sell that car to get some money for my business. She said that the car is her own property and she will not allow me to sell it. Can the car be considered as her separate property?
- Category: Marriage
- Subcategory: Marital Property
- Date:
- State: Hawaii
Answer:
Yes, the car is generally considered your wife’s separate property under Hawaii law. This presumption is based on the fact that personal property acquired in one spouse's name is deemed their separate property. Therefore, you cannot sell the car without her consent.
However, this presumption can be challenged. If you can provide evidence, such as written communication or proof of her intent, that the car was meant for communal use or shared ownership, you might persuade a court to classify it as marital property or even your property. This presumption of separate property is outlined in HRS § 572-21, which states that property acquired in the name of either spouse is presumed to be their separate property.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.