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HB147 • 2026

RELATING TO ATTACHMENT AND EXECUTION OF REAL PROPERTY.

RELATING TO ATTACHMENT AND EXECUTION OF REAL PROPERTY.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
TARNAS, LA CHICA, MARTEN, MATAYOSHI, MIYAKE, SOUZA
Last action
2025-12-08
Official status
Carried over to 2026 Regular Session.
Effective date
Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Increasing Real Property Exemption Amount

This bill increases the real property exemption amount from attachment or execution to help protect homeowners' properties.

What This Bill Does

  • Increases the real property exemption for a family head or an individual aged 65 and older from $30,000 to $90,000.
  • Raises the real property exemption for other individuals from $20,000 to $60,000.
  • Updates when these new exemptions will take effect on January 1, 2026.

Who It Names or Affects

  • Homeowners in Hawaii who are either family heads or aged 65 and older.
  • Other individuals owning real property in Hawaii.

Terms To Know

Exemption
A limit on how much of a person's property can be taken by creditors when they owe money.
Attachment and Execution
Legal actions where someone tries to take or sell another person’s property because that person owes them money.

Limits and Unknowns

  • The bill does not specify how the increased exemption will be enforced.
  • It is unclear if there are any specific conditions for claiming these exemptions beyond the age and family head requirements.

Bill History

  1. 2025-12-08 D

    Carried over to 2026 Regular Session.

  2. 2025-02-07 H

    The committee(s) on JHA recommend(s) that the measure be deferred.

  3. 2025-02-04 H

    Bill scheduled to be heard by JHA on Friday, 02-07-25 2:05PM in House conference room 325 VIA VIDEOCONFERENCE.

  4. 2025-01-21 H

    Referred to JHA, FIN, referral sheet 1

  5. 2025-01-16 H

    Introduced and Pass First Reading.

  6. 2025-01-14 H

    Prefiled.

Official Summary Text

RELATING TO ATTACHMENT AND EXECUTION OF REAL PROPERTY.
Real Property; Exemption; Attachment; Execution
Increases the real property exemption amount for attachment or execution.

Current Bill Text

Read the full stored bill text
HB147

HOUSE OF REPRESENTATIVES

H.B. NO.

147

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

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 1.
�
The
legislature finds that it has not increased the real property exemption amount
from attachment or execution since 1978, and since that time inflation has
risen by three hundred per cent.
�

Therefore, the purpose of this Act is to increase the exemption amount
up to current valuation standards.

����
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.

INTRODUCED BY:

_____________________________

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.