The Hawaii Homestead Exemption

Most people want to know whether they can keep valuable property, like their home, before filing for bankruptcy. If you qualify for the Hawaii homestead exemption, you can protect some or all of the equity in your house. This article explains how much the Hawaii homestead exemption will cover and how to apply it in your bankruptcy case.

Homestead Exemptions Available in a Hawaii Bankruptcy

Hawaii lets filers use either the federal exemption system or Hawaii's state exemption system, so you'll have two homestead amounts to choose between. However, you can't mix exemptions from both lists, so you'll want to select the system that will protect your most important assets.

We've listed both bankruptcy exemption amounts below to help you make an informed choice. We've also included links to more complete federal and state exemption lists so you'll have an easier time deciding which set will work best for you.

If you're married, remember that spouses can double some exemption amounts, but not all. Find out about other filing considerations for spouses.

Property Protected by Hawaii's Homestead Exemption

In Hawaii, the homestead exemption applies to real property, including your home and condominium. You must reside on the property.

If you hold property as tenancy by entirety with your spouse: If one spouse files for bankruptcy—not both—the bankruptcy trustee might be prevented from using the property equity to pay off debts. However, this is a tricky area of law. Talk with a local bankruptcy attorney before filing to ensure you don't lose valuable property.

Timing Your Hawaii Bankruptcy

You can file for bankruptcy in Hawaii after living there for more than 180 days. However, you must live in Hawaii much longer before using Hawaii exemptions, at least 730 days before filing, to be exact. Otherwise, you'd use the previous state's exemptions.

But suppose you lived in multiple states during the two years before filing for bankruptcy. In that case, you'd use the exemptions of the state you lived in for most of the 180 days before the two-year period that immediately preceded your filing. (11 U.S.C. § 522(b)(3)(A).) Learn more about filing for bankruptcy after moving to a new state.

Claiming the Hawaii Bankruptcy Homestead Exemption

In Hawaii, the homestead exemption is automatic. You don't have to file a homestead declaration to claim the homestead exemption in bankruptcy. When filing for bankruptcy, you'll list your homestead exemption on Schedule C: The Property You Claim as Exempt when completing your bankruptcy forms.

Remember that you'll need to meet other requirements to prevent losing your home in bankruptcy. Find out more in Your Home in Chapter 7 or Your Home in Chapter 13.

Finding the Hawaii Bankruptcy Homestead Exemption Statute

You'll find Hawaii's homestead exemption in the Hawaii state statutes at Haw. Rev. Stat. §§ 651-92(a)(1),(2); 651-96 on the Hawaii State Legislature website (use the "Hawaii Revised Statues" search function in the left navbar). Learn about finding state statutes in Laws and Legal Research.

Need More Bankruptcy Help?

Did you know Nolo has made the law easy for over fifty years? It's true, and we want to ensure you find what you need. Below you'll find more articles explaining how bankruptcy works. And don't forget that our bankruptcy homepage is the best place to start if you have other questions!

We wholeheartedly encourage research and learning, but online articles can't address all bankruptcy issues or the facts of your case. The best way to protect your assets in bankruptcy is by hiring a local bankruptcy lawyer.

Updated September 20, 2023