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 presumed to be your wife’s separate property. But the presumption is rebuttable. In Hawaii, personal property acquired in the name of one spouse is the separate property of the spouse. So you cannot sell the car without her consent as it is considered as her separate property. But if you can show, maybe in a writing or by proving her intent, that she meant for the car to be used communally or shared such that it wasn't her car, but shared property, you might convince the court to look beyond the presumption and find that car is marital property, or even your property.The presumption of separate property of a spouse is covered under HRS § 572-21 which reads:
“There is a rebuttable presumption that all property, both real and personal, acquired in the name of the husband or of the wife, without regard to the time of acquisition thereof, is the separate property of the spouse in the name of whom the same has been acquired."
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.
