RELATING TO ATTACHMENT AND EXECUTION OF REAL PROPERTY.

SB2444

THE SENATE

S.B. NO.

2444

THIRTY-THIRD LEGISLATURE, 2026

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:

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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, consumer prices
have increased by almost four hundred per cent.
�

This inflation over forty‑eight years means that prices today are approximately
five times higher than they were in 1978, according to the Bureau of Labor
Statistics consumer price index.
�

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

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SECTION
2
.
�
Section 651-91, Hawaii Revised Statutes, is
amended by amending the definition of "head of a family" to read as
follows:

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""Head of a family" includes
within its meaning:

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(1)
�
[
A
man and woman
]
Two individuals
when married, except as provided in
section 651-93;

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(2)
�
Every
individual who is residing on the real property and who has under that
individual's care or maintenance, either:

���������
(A)
�
That
individual's minor child, or minor grandchild, or the minor child of that
individual's deceased [
wife or husband;
]
spouse;

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(B)
�
A
minor [
brother or sister,
]
sibling
or the minor child of a
deceased [
brother or sister;
]
sibling;

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(C)
�
A
[
father, mother, grandfather, or grandmother;
]
parent or grandparent;

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(D)
�
The
[
father, mother, grandfather, or grandmother
]
parent or grandparent

of a deceased [
husband or wife;
]
spouse;
or

���������
(E)
�
An
unmarried [
brother, sister,
]
sibling
or any other of the
relatives mentioned in this paragraph who have attained the age of majority;
and

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(3)
�
Head
of household as defined in section 2(b) of the Internal Revenue Code of 1954,
as amended."

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SECTION
3
.
�
Section 651-92, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:

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"(a)
�

Real property shall be exempt from attachment or execution as follows:

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(1)
�
An
interest in one parcel of real property in the State of Hawaii, of a fair
market value not exceeding [
$30,000,
]
$150,000,
owned by the
defendant who is either the head of a family or an individual sixty‑five
years of age or older[
.
]
; or

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(2)
�
An
interest in one parcel of real property in the State of Hawaii, of a fair
market value not exceeding [
$20,000,
]
$150,000,
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.

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Any claim of exemption under this section
made before [
May 27, 1976,
]
January 1, 2027,
shall be deemed
to be amended on [
May 27, 1976,
]
January 1, 2027,
by increasing
the exemption to the amount permitted by this section on [
May 27, 1976,
]

January 1, 2027,
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.
]
before January 1, 2027.
"

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SECTION 4.
�

Statutory material to be repealed is bracketed and stricken.
�
New statutory material is underscored.

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SECTION 5.
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This Act shall take effect on July 1, 2026.

INTRODUCED BY:

_____________________________

Report Title:

Real
Property; Exemption; Attachment; Execution

Description:

Increases the real property exemption amount for
attachment or execution.
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The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.