Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

House is held in Trust before during and at end of marriage,

House is held in...

House is held in Trust before during and at end of marriage, what rights do i have against a trust

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

Hawaii

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes

Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
12/2/2017
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 47,077
Experience: 30 years as a family law lawyer .
Verified

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.

Ask Your Own Family Law Question

You may have claim for reimbursement if marital income paid taxes and repairs.If the trust held this prior to marriage then it is consider premarital proeprty unless they put your name on it or as beneficiary of trust.Otherwise in Hawaii you are limited to seeking reimbursement fro expenditures made from marital income.That is likely the best you can do in such a situation.

Reference

Hawaii is an equitable distribution state, and all property is considered for distribution. Equitable does not mean equal, or even half, but rather what the Family Court considers fair.

Hawaii law requires a division of property in divorce to be equitable, meaning that it must be fair but not necessarily equal.

Hawaii does not grant divorce based on fault. However, the judge may consider fault in dividing property, particularly economic misconduct (dissipation) affecting marital estate, such as gambling or drug use. The court divides the marital property based upon the facts and circumstances of each individual case, so the trial court judge enjoys great latitude when dividing and distributing marital property.

There is no fixed formula for determining what is equitable. Each case depends on its own facts and circumstances. In deciding the distribution of assets and liabilities, the court considers: each spouses age and health; his or her abilities, including employability; his or her overall economic condition; any effect of childrens needs; and any culpable behavior, such as failing to disclose income or assets, or violating a restraining order.

Factors in Equitable Distribution

Equitable distribution means that the property will be divided as the court sees fit. When the parties cannot reach a settlement on their own, the Family Court decides which property and debt is marital, assigns a value to the property and debt, and then distributes marital assets between the spouses.

According to the Hawaii Statutes - Title 580 - Chapters: 47, in dividing the property the court considers:

  • the respective merits of the parties, the relative abilities of the parties;
  • the condition in which each party will be left by the divorce;
  • the burdens imposed upon either party for the benefit of the children of the parties: and
  • all other circumstances of the case.

Here Hawaii courts refer to property a couple acquires after marriage as marital.

The judge may divide all of a couples property in any manner that seems fair, regardless of who owns it, whose name is ***** ***** title, or when it was acquired.

Understand if one spouse owns property before marriage, or acquires it by gift or inheritance, a court usually considers that property to be separate and awards it to the original owner in a divorce - but not always. Hawaii is one of eight jurisdictions that include separate property in the marital estate providing the court finds a special showing of need by the non-titled spouse.

If there is a dispute appraisals help a couple determine the value of real property as well as items like antiques or artwork. Retirement assets can be very difficult to evaluate and may require the assistance of an actuary, CPA, or other financial analyst.

Spouses can divide assets by assigning certain items to each spouse, or by selling property and dividing the proceeds. Some couples agree to keep the family home until children are out of school. Others may keep investment property in hopes of appreciation.

Here in Hawaii The court also assigns all debt accrued during the marriage, including mortgages, car loans, and credit card debts, to one spouse or the other. If the couple cant agree on how to divide property and debts, a judge decides, taking into account all of the circumstances of the case.

You may be due reimbursement here but unless you can show the property was purchased during the marriage thats the best you are going to be able to do here.

I appreciate the chance to help you today.Thanks and let me know if you have more followup.

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

Happy Holidays and Aloha.

RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 47,077
Experience: 30 years as a family law lawyer .
Verified
RayAnswers and 87 other Family Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 47,077
47,077 Satisfied Customers
Experience: 30 years as a family law lawyer .

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I filed a restraining order against a previous boyfriend
I filed a restraining order against a previous boyfriend that wouldn't leave me alone, he made a false Instagram in my name saying I gave him all of my information. How can I supena the Instagram acco… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
Family law -divorce issues. The court settled the divorce
The court settled the divorce 4/18. My Attty promised tbe world and I got a standard MN outcome. 1 day a week and every orher weekend. Now they want to take me to court for an additional liwn on my assets to pay their 160 000 attorney fee. HELP. … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,568 satisfied customers
Are you familiar with a potential restraining order? South
are you familiar with a potential restraining order? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,228 satisfied customers
I need advice with family law. TN. The divorce was finalized
The divorce was finalized last July, the mortgage payment is part of my alimony. The mortgage cost has risen, and he is telling me I need to pay the difference. Is that right? … read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,498 satisfied customers
If the temporary restraining order against me is overturned,
If the temporary restraining order against me is overturned, will I be allowed to pick my kids up that day?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,176 satisfied customers
Have a question about doing an "agreed restraining order" on
Have a question about doing an "agreed restraining order" on the settling of a family court case that limits us from speaking publicly, or sharing documents of the case post settling. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,835 satisfied customers
I currently filed for a restraining order and would like for
Hello I currently filed for a restraining order and would like for it to be revoked. I was able to turn in all documents and they were checked by a judge and I am suppose to have someone serve the per… read more
Bill Attorney
Bill Attorney
law
2,239 satisfied customers
My husband put a restraining order on me to be out of the
My husband put a restraining order on me to be out of the house in 48 hours what of the belongings in the house can I take without getting in trouble … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
444 satisfied customers
If a tenant has restraining orders against him, is charged
If a tenant has restraining orders against him, is charged with a felony, and is threatening his neighbors, can he be evicted? … read more
LegalGems
LegalGems
Juris Doctorate
11,930 satisfied customers
Have a question about harassment and restraining orders. I
Have a question about harassment and restraining orders. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
In Wyoming if part A has a restraining order against party
In Wyoming if part A has a restraining order against party B and Party A walks into an establishment that Part B is already in does party B have to leave? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
A judge in a civil restraining order case revealed that he
A judge in a civil restraining order case revealed that he circulated a letter to the plaintiff's parents for them to get him signatures for re-election. Since the plaintiff's parent's are now decease… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,228 satisfied customers
Does the papers for a restraining order have to be hand
does the papers for a restraining order have to be hand delivered not just slipped in a door. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
I was wondering if a counter restraining order can be filed
Good evening, I was wondering if a counter restraining order can be filed against someone? … read more
Sean K
Sean K
Attorney/Member
JD
618 satisfied customers
Can someone put a restraining order on someone in a
Can someone put a restraining order on someone in a different state? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
I have a pending Equitable distribution case filed a against
I have a pending Equitable distribution case filed a against me and my inheritance property located overseas is included in the property in dispute. Is Inheritance affected by equitable distribution p… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,688 satisfied customers
I filed for divorce and also a restraining order on my
I filed for divorce and also a restraining order on my spouse last year after proving to a Judge he was stealing funds from me. 4 days later my soon to be ex applied for a private life Insurance polic… read more
RayAnswers
RayAnswers
Lawyer
47,077 satisfied customers
I have filed for divorce and restraining order on June
Hi, I have filed for divorce and restraining order on June 5,2017. I have paid $7,000 retainer fee to my attorney. the hearing for RO is still going on and the next one is December 13. I have filed fo… read more
RayAnswers
RayAnswers
Lawyer
47,077 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x