HRS §533-4
No Widow's Dower on Mortgaged Purchase Land
If a husband buys land while married and mortgages it to pay for the land, his widow cannot claim a dower share against the mortgage lender or anyone who takes over the mortgage. She can claim dower against everyone else.
mortgage lendersspouses
The statute, as written — Not in lands mortgaged for purchase money during coverture as against mortgagee
When a husband purchases lands during coverture, and at the same time mortgages his estate in the lands to secure the payment of the purchase money, his widow shall not be entitled to dower out of the lands, as against the mortgagee or those claiming under him, although she has not united in the mortgage, but she shall be entitled to her dower as against all other persons. [CC 1859, §1302; RL 1925, §3020; RL 1935, §4833; RL 1945, §12103; RL 1955, §319-4; HRS §533-4]
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