property division chart - hawaii state judiciary division chart part a: ... property division chart...

AD No. Title Notes Value Husband Wife

Husband Wife1

2

3

4

5

6

7

Required Equalization Payment (to equalize line 3)

PART B: CALCULATION OF EQUALIZATION PAYMENTProposed Division of Marital Partnership Property (from Part A)

Capital Contributions (from Part F)

Partnership Profits/Losses (subtract line 2 from line 1)

Equal Division of Profits/Losses (line 3 plus/minus line 4)

PROPERTY DIVISION CHARTPART A: PROPOSED DIVISION OF EXISTING ASSETS AND DEBTS

Description of Asset or Debt

MSP Awarded Each Party (from Part A)

Total Value Received (line 1 plus line 6 plus/minus line 4)

Total from Part A Continuation SheetTotal (a) Marital Estate (b) Partnership Property to Husband (c) Partnership Property to Wife

Case Name ____________________________ FC-D No. ____________ Prepared By ________________ Date___________ 1

Notes Husband Wife

Notes Husband Wife

Notes Husband Wife

Husband Wife

PART E: INHERITANCES RECEIVED DURING MARRIAGE

PART D: GIFTS RECEIVED DURING MARRIAGE

PART F: CAPITAL CONTRIBUTIONS

Description of Inheritance

Description of Asset or DebtPART C: ASSETS AND DEBTS AT DATE OF MARRIAGE

Description of Gift

Total Capital Contributions (Parts C plus D plus E)

Total Net Value at Date of Marriage

Total Gifts Received

Total Inheritances Received



CONTINUATION SHEETPART A: PROPOSED DIVISION OF EXISTING ASSETS AND DEBTS (continued)


Total (Enter in Part A on page 1)


AD No.NOTES

Note(s)


AD No. Title Notes Value Husband Wife3.01 H X 10,001.00 10,001.003.02 W X 15,000.00 15,000.003.03 J X 20,000.00 10,000.00 10,000.004.01 H X 150,000.00 150,000.004.02 W X 50,000.00 50,000.005.01 W X 8,000.00 8,000.005.02 H X 25,000.00 25,000.006.01 J X 650,000.00 650,000.0011.07 J X (200,000.00) (200,000.00)6.02 J X 650,000.00 650,000.0011.01 J X (250,000.00) (250,000.00)11.02 J X (50,000.00) (50,000.00)6.03 H X 1,000,000.00 MSP7.01 H X 50,000.00 50,000.0011.03 H X (20,000.00) (20,000.00)8.01 H X 75,000.00 75,000.008.02 W X 75,000.00 75,000.008.03 H X 250,000.00 250,000.0011.04 H X (50,000.00) (50,000.00)8.04 W defined benefit Linson Linson9.01 H/W/J unknown divide equitably divide equitably9.02 H/W unknown each own each own11.05 H X (10,000.00) (10,000.00)11.06 W X (10,000.00) (10,000.00)

0.00 0.00 0.002,438,001.00 940,001.00 498,000.00

Husband Wife1 1,438,001.00 940,001.00 498,000.002 ( 842,000.00 ) ( 640,000.00 ) ( 202,000.00 )3 596,001.00 300,001.00 296,000.004 (2,000.50) 2,000.505 298,000.50 298,000.506 1,000,000.00 0.007 1,938,000.50 500,000.50

Bank of Hawaii IRATransamerica (7.01)

Personal EffectsMastercardMastercard

Bank of Hawaii IRA

ABC Corp. 401K (8.03)ABC Corp. 401K

Hawaiian Airlines PensionHousehold Effects

Required Equalization Payment (to equalize line 3)

PART B: CALCULATION OF EQUALIZATION PAYMENTProposed Division of Marital Partnership Property (from Part A)

Capital Contributions (from Part F)

Partnership Profits/Losses (subtract line 2 from line 1)

Equal Division of Profits/Losses (line 3 plus/minus line 4)

16 Aiea Heights Drive, Aiea, HI

First Hawaiian Bank (6.02)Alaska AcreageTransamerica

Central Pacific Bank Savings

1998 BMW 740i

20 Mott Smith Drive, Honolulu, HIBank of Hawaii (6.01)

First Hawaiian Bank (6.02)

2004 Volvo

PROPERTY DIVISION CHARTPART A: PROPOSED DIVISION OF EXISTING ASSETS AND DEBTS

Description of Asset or DebtBank of Hawaii CheckingFirst Hawaiian Bank Checking

Dean WitterMerrill Lynch

MSP Awarded Each Party (from Part A)

Total Value Received (line 1 plus line 6 plus/minus line 4)

Total from Part A Continuation SheetTotal (a) Marital Estate (b) Partnership Property to Husband (c) Partnership Property to Wife

Doe v. Doe FC-D No. 07-1-0001 Prepared By Husband 8-15-07 1

Notes Husband Wife3.01 X 5,000.003.02 X 5,000.004.01 X 50,000.005.01 1998 BMW 740i X 8,000.005.03 X 35,000.006.01 X 300,000.0011.08 X (100,000.00)8.01 Bank of Hawaii IRA X 50,000.008.02 Bank of Hawaii IRA X 40,000.008.03 ABC Corp. 401K X 200,000.0011.09 Charge Card Debt X (1,000.00)

540,000.00 52,000.00

Notes Husband Wife1.01 X 100,000.00

0.00 100,000.00

Notes Husband Wife1.02 X 100,000.001.03 X 50,000.00

100,000.00 50,000.00Husband Wife

640,000.00 202,000.00

PART D: GIFTS RECEIVED DURING MARRIAGE

PART E: INHERITANCES RECEIVED DURING MARRIAGE

20 Mott Smith Drive, Honolulu, HIBank of Hawaii (6.01)

Bank of Hawaii CheckingFirst Hawaiian Bank Checking

1998 Porsche

PART F: CAPITAL CONTRIBUTIONS

Description of InheritanceCash from Mother (1998)

Cash from Aunt (2004)

Description of Asset or DebtPART C: ASSETS AND DEBTS AT DATE OF MARRIAGE

Cash from Father (2002)

Dean Witter

Description of Gift

Total Capital Contributions (Parts C plus D plus E)

Total Net Value at Date of Marriage

Total Gifts Received

Total Inheritances Received



0.00 0.00 0.00

CONTINUATION SHEETPART A: PROPOSED DIVISION OF EXISTING ASSETS AND DEBTS (continued)


Total (Enter in Part A on page 1)


AD No.1.011.021.033.013.023.034.014.025.01

5.025.036.01

11.0711.086.02

11.0111.026.03

7.01 See Trial Exhibit 14.11.03 See Trial Exhibit 15.8.01 See Trial Exhibits 16 and 17.8.02 See Trial Exhibits L and M.8.03 See Trial Exhibits 18 and 19.

11.04 See Trial Exhibit 20.11.05 See Trial Exhibit 21.11.06 See Trial Exhibit N.11.09 See Trial Exhibit O.

See Trial Exhibits 9 and 10.See Trial Exhibit 11.See Trial Exhibit 12.See Trial Exhibit I.See Trial Exhibit J.See Trial Exhibit K.This asset is awarded to Husband pursuant to the premarital agreement of the parties entered into

See Trial Exhibit 8.

NOTESNote(s)

See Trial Exhibit 1.See Trial Exhibit B.See Trial Exhibits 2 and 3.See Trial Exhibits C and D.

See Trial Exhibits 5 and 6.See Trial Exhibit F.At the date of marriage Wife's still-owned 1998 BMW 740i was worth $45,000.00, but because of the

See Trial Exhibits 4 and E.

rule in Woodworth v. Woodworth, 7 Haw. App. 11, 740 P.2d 36 (1987) and Wong v. Wong, 87 Hawaii475, 960 P.2d 145 (App.1998), Wife's capital contribution credit for this asset is limited to $8,000.00.See Trial Exhibits G and H.See Trial Exhibit 7.

between Husband and Wife on January 5, 1998. It is therefore marital separate property underHussey v. Hussey, 77 Hawai‘i 202, 881 P.2d 1270 (App. 1994) and Prell v. Silverstein, __ Hawai‘i __,162 P.3d 2 (App. 2007). As such, its value is included in the total net value of the entire marital estate, but its value is not included in the total net value of marital partnership property. See Trial Exhibit 13.

See Trial Exhibit A.


H.D. MANUAL, VII 3000 737 Bishop Street, Suite 2000 Honolulu, Hawai‘i 96813 Telephone: 533-3000 Attorney for Plaintiff Doe/AD/date/initials/draft 1

IN THE FAMILY COURT OF THE FIRST CIRCUIT

STATE OF HAWAI‘I JOHN DOE, ) FC-D No. 07-1-0001 ) Plaintiff, ) ASSET AND DEBT STATEMENT OF ) JOHN DOE v. ) ) MARY DOE, ) ) Defendant. ) ________________________________ )

ASSET AND DEBT STATEMENT OF

JOHN DOE 1. CASH (currency, traveler’s checks, bullion) Nominal $ 2. CREDIT UNION ACCOUNTS Name Title Credit Balance Debt Balance

3. BANK AND SAVINGS ACCOUNTS Company (Branch) Type Title Balance 3.01 Bank of Hawaii Checking H 10,001. 3.02 First Hawaiian Bank Checking W 15,000. 3.03 Central Pacific Bank Savings J 20,000. 4. SECURITIES, BONDS, BROKERAGE ACCOUNTS AND CERTIFICATES Date Market Debt Company Title of Acq. Basis Value Against Since Before 4.01 Dean Witter H Marriage 100,000. 150,000. - 0 - Since 4.02 Merrill Lynch W Marriage 35,000. 50,000. - 0 - 5. VEHICLES Market Debt Year Make Title Value Against 5.01 1998 BMW 740i W 8,000. - 0 - 5.02 2004 Volvo H 25,000. - 0 -

6. REAL PROPERTY Date Market Debt Address Title Bgt. Basis Value Against 20 Mott Smith Drive Before 6.01 Honolulu, HI J Marriage 250,000. 650,000. 200,000. 16 Aiea Heights Drive After 6.02 Aiea, HI J Marriage 600,000. 650,000. 300,000. Before 6.03 Alaska Acreage 1 H Marriage 1,000,000. - 0 - 1 Marital separate property pursuant to the parties’ January 5, 1998 prenuptial agreement. 7. LIFE INSURANCE Person Face Cash Debt Company Insured Amount Ben’y Title Value Against 7.01 Transamerica H 250,000. W H 50,000. 20,000. 8. RETIREMENT PLANS AND ACCOUNTS Employer Type Years Accrued or Company Title of Plan in Plan Benefits Since Before 8.01 Bank of Hawaii H IRA Marriage 75,000. Since Before 8.02 Bank of Hawaii W IRA Marriage 75,000. Since Before 8.03 ABC Corp. H 401K Marriage 250,000. Since 8.04 Hawaiian Airlines W Pension Marriage ?

9. ALL OTHER MAJOR ASSETS

Debt General Description Title Gross Value Against 9.01 Household Effects H,W,J ? - 0 - 9.02 Personal Effects H,W ? - 0 - 10. PROPERTY HELD IN TRUST

Debt Description Trustee/s Beneficiaries Value Against 11. OUTSTANDING DEBTS

Date Min. Mo. Creditor Debtor Security Incurred Balance Payment After 11.01 First Hawn Bank J 6.02 Marriage 250,000. 1,400. After 11.02 First Hawn Bank J 6.02 Marriage 50,000. 2,500. After 11.03 Transamerica H 7.01 Marriage 20,000. 300. After 11.04 ABC Corp. 401K H 8.03 Marriage 50,000. 450. After 11.05 Mastercard H Marriage 10,000. 150. After 11.06 Mastercard W Marriage 10,000. 150. After 11.07 Bank of Hawaii J 6.01 Marriage 200,000. 1,200.

Doe v. Doe FC-D No. 07-1-0001 ASSET AND DEBT STATEMENT OF JOHN DOE I hereby declare, under penalty of perjury, that I have examined the foregoing Asset and Debt Statement and that to the best of my knowledge and belief it is true, correct and complete as of the date which first appears above, or as otherwise expressly dated. JOHN DOE Date:

property division chart - hawaii state judiciary division chart part a: ... property division chart...

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