Bill Text: HI SB115 | 2025 | Regular Session | Introduced
Bill Title: Relating To Attachment And Execution Of Real Property.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced) 2025-01-16 - Referred to JDC, WAM. [SB115 Detail]
Download: Hawaii-2025-SB115-Introduced.html
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THE SENATE |
S.B. NO. |
115 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to attachment and execution of real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 2. Section 651-92, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Real property shall be exempt from attachment or execution as follows:
(1) An
interest in one parcel of real property in the State of Hawaii, of a fair
market value not exceeding [$30,000,] $90,000, owned by the
defendant who is either the head of a family or an individual sixty-five years
of age or older[.]; or
(2) An
interest in one parcel of real property in the State of Hawaii, of a fair
market value not exceeding [$20,000,] $60,000, owned by the
defendant who is a person.
The fair
market value of the interest exempted in paragraph (1) or (2) shall be
determined by appraisal and shall be an interest which is over and above all
liens and encumbrances on the real property recorded [prior to] before
the lien under which attachment or execution is to be made. Not more than one exemption shall be claimed
on any one parcel of real property even though more than one person residing on
[such] the real property may otherwise be entitled to an
exemption.
Any claim of exemption under this section
made before [May 27, 1976,] January 1, 2026, shall be deemed
to be amended on [May 27, 1976,] January 1, 2026, by increasing
the exemption to the amount permitted by this section on [May 27, 1976,]
January 1, 2026, to the extent that [such] the increase
does not impair or defeat the right of any creditor who has executed upon the
real property prior to [May 27, 1976.] January 1, 2026."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2025.
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INTRODUCED BY: |
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Report Title:
Real Property; Exemption; Attachment; Execution
Description:
Increases the real property exemption amount for attachment or execution.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
