§533-4 Not in lands mortgaged for purchase money during coverture as against mortgagee. When a husband purchases lands during coverture, and at the same time mortgages his estate in the lands to secure the payment of the purchase money, his widow shall not be entitled to dower out of the lands, as against the mortgagee or those claiming under him, although she has not united in the mortgage, but she shall be entitled to her dower as against all other persons. [CC 1859, §1302; RL 1925, §3020; RL 1935, §4833; RL 1945, §12103; RL 1955, §319-4; HRS §533-4]
Case Notes
See 16 H. 489, 495 (1905).
Structure Hawaii Revised Statutes
533-2 Election in case of exchanged lands.
533-3 In lands mortgaged before marriage.
533-4 Not in lands mortgaged for purchase money during coverture as against mortgagee.
533-5 In surplus after purchase-money mortgage paid.
533-6 Not in lands held by husband as mortgagee.
533-7 Widow's right to occupy lands while dower unassigned.
533-8 Widow's right to remain in husband's house.
533-9 Barred by divorce or misconduct.
533-11 Barred by jointure before marriage.
533-12 Barred by pecuniary provision before marriage.
533-13 Election between dower and jointure or pecuniary provision, when.