Hussey v. Hussey

In Hussey v. Hussey, 77 Hawai i 202, 881 P.2d 1270 (App. 1994), the Court stated, in relevant part: Seeking as much clarity and precision as is possible in the context of the Partnership Model, we will use the following three terms as defined herein: Premarital Separate Property. This was the property owned by each spouse immediately prior to their marriage or cohabitation that was concluded by their marriage. Upon marriage, this property became either Marital Separate Property or Marital Partnership Property. Marital Separate Property. This is the following property owned by one or both of the spouses at the time of the divorce: a. All property that was excluded from the marital partnership by an agreement in conformity with the Hawai'i Uniform Premarital Agreement Act (HUPAA), HRS chapter 572D (Supp.1992). The HUPAA states in relevant part as follows: 572D-3 Content. (a) Parties to a premarital agreement may contract with respect to: (1) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; (2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property; (3) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event; b. All property that was excluded from the marital partnership by a valid contract; and c. All property that (1) was acquired by the spouse-owner during the marriage by gift or inheritance, (2) was expressly classified by the donee/heir-spouse-owner as his or her separate property, and (3) after acquisition, was maintained by itself and/or sources other than one or both of the spouses and funded by sources other than marital partnership income or property. Marital Partnership Property. All property that is not Marital Separate Property. Although Marital Separate Property cannot be used by the family court to offset, the award of Marital Partnership Property to the other spouse, it can be used by the family court to alter the ultimate distribution of Marital Partnership Property based on the respective separate conditions of the spouses. In other words, Marital Separate Property is property that has been validly excluded from the marital partnership. Although the family court may allow Marital Separate Property to reasonably influence the division and distribution of Marital Partnership Property, it cannot award any Marital Separate Property to the non-owner spouse. Consequently, the five categories of NMVs listed in Tougasv. Tougas, 76 Hawai i 19, 27, 868 P.2d 437, 445(1994), apply only to Marital Partnership Property, not to Marital Separate Property. 77 Hawai i at 206-07, 881 P.2d at 1274-75.