Global Law Experts top search results to help tackle law in Hawaii

In Hawaii, fee simple means full ownership of the land and property, giving the owner indefinite rights to use, sell, or pass it on. Leasehold means you own the property (like a condo or house) but not the land beneath it; instead, you lease the land from the landowner for a set term (often 30–99 years). When the lease ends, ownership of the property reverts to the landowner unless renewed.

Yes, foreigners can buy property in Hawaii with no citizenship or residency restrictions. Both U.S. and non-U.S. citizens may purchase real estate, whether fee simple or leasehold. However, buyers must comply with U.S. tax laws, including FIRPTA (Foreign Investment in Real Property Tax Act), which may require withholding taxes on rental income or upon selling the property.

Hawaii is an equitable distribution state, not community property. In divorce, the court divides marital assets and debts fairly, though not always equally. Factors considered include the length of marriage, each spouse’s contributions, earning capacity, and needs. Separate property owned before marriage or received by gift/inheritance is usually excluded from division.

In Hawaii, property division follows equitable distribution, meaning assets and debts are divided fairly, not strictly 50/50. The court classifies property as marital or separate, considers factors like length of marriage, financial and non-financial contributions, earning potential, and future needs, then allocates assets to achieve fairness while preserving premarital or inherited property.

In Hawaii, child custody is decided based on the best interests of the child. Courts consider factors such as the child’s physical, emotional, and educational needs, each parent’s ability to provide care, the child’s relationship with each parent, history of abuse or neglect, and the stability of the home environment. Custody may be sole or joint, with preference for arrangements that encourage both parents’ involvement.

In Hawaii, the statute of limitations for personal injury claims is two years from the date of the injury or when the injury was discovered. This applies to car accidents, slip-and-fall cases, and other negligence claims. If the claim is not filed within this period, the injured party generally loses the right to pursue compensation in court.

A tourist injured in Hawaii should seek immediate medical care, report the incident to property owners or authorities, and document evidence (photos, witness contacts, records). They should notify their travel or health insurer and may consult a Hawaii personal injury lawyer to explore compensation options. Claims must follow Hawaii’s two-year statute of limitations for personal injury.

In Hawaii, a living trust can avoid probate, provide privacy, and allow smoother transfer of assets, which may make it preferable to a will. A will, however, is simpler and less costly to set up but requires probate. The best choice depends on asset size, family needs, and goals. Consulting an estate planning attorney helps determine which option is more suitable.