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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

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12/2/2017
RayAnswers
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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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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.

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