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Determining who will take the family home in a divorce

Child visitation, child support, alimony and property division are just a few of the things that Hawaii residents have to consider as they go through the divorce process. One thing that can cause many disagreements is deciding on what to do with the family home. Two of the main reasons why this is difficult include the fact that the home is one of the couple's most valuable assets and has sentimental value attached to it.

How property is divided in divorce

Divorcing couples in Hawaii might approach the issue of property division with some confusion about how the law decides which spouse gets what. Though some states divide marital property equally on the basis of community property law, Hawaii uses the legal theory of equitable property division. While community property states divide property in a 50-50 split, equitable division means a fair division that is not necessarily equal.

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