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HRS §651-95

Selling property that can't be split to pay a debt

If a person who owes money owns property that is worth more than their allowed exemption and cannot be divided, a court can order the whole property sold. The money from the sale is paid out in a set order, starting with the exemption amount, then costs and fees, then the debt that caused the sale, then other debts, and any leftover goes to the property owner.

courtscreditorsdebtors

The statute, as written — Sale where real property cannot be divided; application of proceeds

[(a)] If the defendant is entitled to an exemption as provided in section 651-92, and if, from the appraiser's report, it appears to the court that the real property claimed exceeds in value the amount of the real property exemption, all liens and encumbrances recorded prior to the judgment lien under which sale is to be made and an amount equal to estimated execution costs, attorney's and appraiser's fees, and other fees, and that it cannot be divided under section 651-94, the court shall make an order directing its sale under the execution, subject to all liens and encumbrances recorded prior to the lien under which the sale is to be made. [(b)] If the sale is made, the proceeds thereof shall be applied in the following order of priority: first, to the defendant to the amount of the exemption; second, to the satisfaction of the execution costs, attorney's and appraiser's fees, and any other fees that may necessarily arise; third, to the satisfaction of the lien under which the sale is made; fourth, to the discharge of any subsequent liens and encumbrances according to their priority, and fifth, the balance, if any, to the defendant. The sale shall operate to extinguish subsequent liens and encumbrances without forcing prior lienors and encumbrancers to exercise their right of recovery.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§651-92 Which property is protected from debt collection

§651-94 Dividing property to protect a homeowner's exemption

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.