§533-9 Barred by divorce or misconduct. In case of divorce dissolving the marriage contract, the wife shall not be endowed.
No wife who has for one year or upwards, previous to the death of her husband, wilfully and utterly deserted her husband, shall be endowed or be entitled by way of dower to any property owned by him at the date of his death. [CC 1859, §1307; RL 1925, §3025; RL 1935, §4838; RL 1945, §12108; am L 1945, c 212, §1; RL 1955, §319-9; HRS §533-9]
Case Notes
Divorce cuts off dower though obtained by wife for misconduct of husband. 12 H. 265 (1899).
Though appeal from divorce decree pending at time of death, no dower. 35 H. 440 (1940).
"Wilful and utter desertion," establishment of. 61 H. 236, 602 P.2d 521 (1979).
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.