§510-8  Property subject to obligations.  (a)  The separate property of the wife is liable for debts contracted at any time by the wife and liabilities of the wife arising at any time out of tort or otherwise, including any such debts or liabilities by reason of any transaction entered into or action taken by the wife relating to the management or control or disposition of or other dealing with or for the protection or benefit of the community property, but is not liable for debts or liabilities of the husband.

     (b)  The separate property of the husband is liable for debts contracted at any time by the husband and liabilities of the husband arising at any time out of tort or otherwise, including any such debts or liabilities by reason of any transaction entered into or action taken by the husband relating to the management or control or disposition of or other dealing with or for the protection or benefit of the community property, but is not liable for debts or liabilities of the wife.

     (c)  The community property is liable for debts contracted by the husband or by the wife or by both, and for liabilities of the husband or the wife or both arising out of tort or otherwise, in any transaction entered into or action taken by the husband or the wife or both relating to the management or control or disposition of or other dealing with or for the protection or benefit of the community property.  With respect to the liability of community property for such debts and liabilities, no distinction shall be made between community property subject to the management and control of the wife and community property subject to the management and control of the husband.

     (d)  As between the community property and the separate property of the wife or of the husband the community property is liable for the debts and liabilities referred to in subsection (c).

     (e)  The earnings of the wife and the rents, issues, incomes, and other profits of the separate property of the wife are liable for debts contracted by the wife prior to the inception of the community and the liabilities of the wife arising prior to the inception of the community out of tort or otherwise.

     (f)  The earnings of the husband and the rents, issues, incomes, and other profits of the separate property of the husband are liable for debts contracted by the husband prior to the inception of the community and the liabilities of the husband arising prior to the inception of the community out of tort or otherwise.

     (g)  As between the community property and the separate property of the wife or of the husband, the separate property is liable for the debts and liabilities referred to in subsections (e) and (f) of this section.  For the purposes of subsections (e) and (f) the inception of the community is the marriage of the husband and wife or June 1, 1945, whichever is the later.

     (h)  Nothing in this section shall affect or modify the obligation of both spouses to support one another and their family and to discharge all debts contracted by the other for necessaries for themselves and their family during marriage; provided that if and whenever there is community property available for such purpose both spouses are entitled to resort to the community property rather than to their respective separate property.

     (i)  Nothing in this section shall prevent the wife or the husband from mortgaging or pledging her or his separate property or prevent the wife and the husband from joining in a mortgage or pledge of community property as security for any indebtedness whether of the wife or of the husband or both. [L 1945, c 273, pt of §1; RL 1955, §326-8; HRS §510-8; am L 1984, c 100, §2]

Case Notes

  Subsection (h) permits husband to discharge obligation to support wife by resort to community property rather than separate property but there is no presumption as to what choice has been made.  246 F.2d 204 (1957); see 277 F.2d 806 (1960).

  Under subsection (c) community property may be applied by Internal Revenue Service to satisfaction of husband's income tax liability.  277 F.2d 806 (1960).

  This section relates to funds that may be reached by creditors of the community and separate creditors; no bearing upon division of community property between the parties.  41 H. 578, 589 (1957).