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Hawaii Divorce Law--I have an uncontested Hawaii divorce. We…

Hawaii Divorce Law--I have...

Hawaii Divorce Law--I have an uncontested Hawaii divorce. We have residential property, both on Title as Tenants-in-Common. I reside on property, ex-spouse not. Need to know ex-spouse's rights to access/reside on property, having not resided here for 3 years..

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Yes, state of Hawaii.

Lawyer's Assistant: Has anything been filed or reported?

No, just need knowledge of ex's right to access/reside on land (having not lived here for 3 yrs.) It is my primary residence. I understand the in California, if ex-spouse has not resided on land since divorce, she cannot demand access, or to reside here. Need to know Hawaii law..

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Divorce was basically amicable. I left her on Title so she would inherit it directly if/when I died. All $ equity is mine, specified in divorce decree. We are building small living unit on property. I want to know if I am "doing her a favor" by letting her live there, OR if she has an absolute RIGHT to demand to do so. Thanks...

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4/12/2017
RayAnswers
RayAnswers, Lawyer
Category: Family Law
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Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Were you awarded the property in teh divorce settlement here?Some more information, was it purchased during marriage?

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Customer reply replied 1 year ago
Property purchased during marriage. Both parties names on Mortgage, both names on Title. Upon divorce, Title was changed from Joint Tenancy to Tenants-in Common. Ex-spouse moved from property upon divorce, 3-4 yrs ago. We are in agreement for her to build a small unit on property for her. I need to know if she has the right to do so, OR if if MY decision to allow her to..

It is marital property.Unless it was divided during the divorce she has a undivided half interest.Either party here can use it , build on it, or force a partition of it through the courts.In a divorce either you settle this or the court divides it or orders it sold.Here you each have an undivided half interest as you present it--tenants in common.

Thanks for letting me help you today.

If you can positive rate 5 stars it is much appreciated.

She doesn't need your permission if the is a tenant in common both have undivided access and right to use it.

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