Relating To Attachment And Execution Of Real Property.
Summary
SB115 updates Hawaii’s laws governing the attachment and execution of real property by substantially increasing the amount of home equity that is protected from creditors. The bill raises the exemption from $30,000 to $90,000 for a defendant who is the head of a family or age 65 or older, and from $20,000 to $90,000 for other defendants. It also updates the statutory definition of “head of a family” to use more modern and gender-neutral family terminology, including references to spouses, siblings, parents, grandparents, and head of household under the Internal Revenue Code.
The bill states that the exemption amounts have not been increased since 1978 and that inflation has significantly eroded their value. It sets the effective date at July 1, 2025, and provides that existing exemption claims are deemed amended as of January 1, 2026, to reflect the higher amount, so long as creditor rights already enforced are not impaired. The measure is framed as a consumer protection and housing equity update, intended to align the exemption with current valuation standards.
Impact
If enacted, SB115 would amend sections 651-91 and 651-92 of the Hawaii Revised Statutes, increasing the protected value of a single parcel of real property from attachment or execution and revising related definitional language. The change would affect debtors, creditors, judgment enforcement proceedings, and property owners who rely on the homestead-style exemption to preserve equity in a primary residence. It would also modernize statutory family definitions and replace outdated gendered terms with broader language.
Sentiment
The available voting history suggests generally favorable sentiment toward the bill: the Senate Judiciary Committee passed SB115 with amendments by a 5-0 vote. No committee transcript is provided, so there is no recorded debate to indicate broader disagreement. The unanimous committee vote and the bill’s consumer-protection framing suggest support for increasing the exemption to reflect inflation and current housing values.
Contention
The main policy issue is the size of the exemption increase and its effect on creditors’ ability to collect on judgments. Supporters appear to view the current exemption as outdated and insufficient after decades of inflation, while opponents, if any, would likely be concerned that a higher exemption could reduce recoveries for creditors and alter the balance between debtor protection and debt enforcement. The bill also makes technical, modernizing changes to family-definition language, but the central point of potential contention is the substantial jump in protected real property value.