HRS 0580-0056 ANNOTATIONS

Cross References

Effect of divorce, annulment or separation on intestate succession and wills, see §560:2-802.

Revocation of will by divorce, see §560:2-508.

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.

Cited: 21 H. 264, 266.

 

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