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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118779
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My wife of 8 years and I live in hawaii and are getting a

Customer Question

My wife of 8 years and I live in hawaii and are getting a divorce. She is a UK citizen with permanent residency?green card. We own as tenents in entirety a 5 acre farm. Foreign citizens cannot own ag land, we could only buy this land because of my US citizenship. Once we divorce what will happen to her status as co-owner?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the court finds she is leaving the state, then the court can make you pay her the value of her share of the land, as she cannot be the owner by law. However, because it is considered marital property, the court will make you compensate her for the value of her share with either money or by giving her other property that equals that in value. Under Hawaii law, if she is a legal permanent resident in the state and has been in the state for at least 3 years, she could now own AG land so she could remain on the deed as joint tenant as well, but the courts like to make a clean break and they are more likely going to make you buy her out of the property.