Free Property Division Chart Instructions - Hawaii

PROPERTY DIVISION CHART
PART A: PROPOSED DIVISION OF EXISTING ASSETS AND DEBTS Description of Asset or Debt AD No. Title Notes Value Husband Wife

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

PART B: CALCULATION OF EQUALIZATION PAYMENT 1 2 3 4 5 6 7
Proposed Division of Marital Partnership Property (from Part A) Capital Contributions (from Part F) Partnership Profits/Losses (subtract line 2 from line 1) Required Equalization Payment (to equalize line 3) Equal Division of Profits/Losses (line 3 plus/minus line 4) MSP Awarded Each Party (from Part A) Total Value Received (line 1 plus line 6 plus/minus line 4)

Husband

Wife

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

1

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

Notes

Husband

Wife

Total Net Value at Date of Marriage PART D: GIFTS RECEIVED DURING MARRIAGE Description of Gift

Notes

Husband

Wife

Total Gifts Received PART E: INHERITANCES RECEIVED DURING MARRIAGE Description of Inheritance

Notes

Husband

Wife

Total Inheritances Received PART F: CAPITAL CONTRIBUTIONS Total Capital Contributions (Parts C plus D plus E)

Husband

Wife
2

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

CONTINUATION SHEET
PART A: PROPOSED DIVISION OF EXISTING ASSETS AND DEBTS (continued) Description of Asset or Debt AD No. Title Notes Value Husband Wife

Total (Enter in Part A on page 1)
Case Name ____________________________ FC-D No. ____________ Prepared By ________________ Date___________

3

NOTES
AD No. Note(s)

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

4

PROPERTY DIVISION CHART
PART A: PROPOSED DIVISION OF EXISTING ASSETS AND DEBTS Description of Asset or Debt AD No. Title Notes Value Husband Wife

3.01 3.02 3.03 4.01 4.02 5.01 5.02 6.01 11.07 6.02 11.01 11.02 6.03 7.01 11.03 8.01 8.02 8.03 11.04 8.04 9.01 9.02 11.05 11.06

Bank of Hawaii Checking First Hawaiian Bank Checking Central Pacific Bank Savings Dean Witter Merrill Lynch 1998 BMW 740i 2004 Volvo 20 Mott Smith Drive, Honolulu, HI Bank of Hawaii (6.01) 16 Aiea Heights Drive, Aiea, HI First Hawaiian Bank (6.02) First Hawaiian Bank (6.02) Alaska Acreage Transamerica Transamerica (7.01) Bank of Hawaii IRA Bank of Hawaii IRA ABC Corp. 401K ABC Corp. 401K (8.03) Hawaiian Airlines Pension Household Effects Personal Effects Mastercard Mastercard

H W J H W W H J J J J J H H H H W H H W H/W/J H/W H W

X X X X X X X X X X X X X X X X X X X

X X

10,001.00 15,000.00 20,000.00 150,000.00 50,000.00 8,000.00 25,000.00 650,000.00 (200,000.00) 650,000.00 (250,000.00) (50,000.00) 1,000,000.00 50,000.00 (20,000.00) 75,000.00 75,000.00 250,000.00 (50,000.00) defined benefit unknown unknown (10,000.00) (10,000.00)

10,001.00 10,000.00 150,000.00 15,000.00 10,000.00 50,000.00 8,000.00 25,000.00 650,000.00 (200,000.00) 650,000.00 (250,000.00) (50,000.00) MSP 50,000.00 (20,000.00) 75,000.00 75,000.00 250,000.00 (50,000.00) Linson divide equitably each own (10,000.00)

Linson divide equitably each own (10,000.00)

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

0.00 2,438,001.00 1,438,001.00 ( 842,000.00 ) 596,001.00

0.00 940,001.00
Husband

0.00 498,000.00
Wife

PART B: CALCULATION OF EQUALIZATION PAYMENT 1 2 3 4 5 6 7
Proposed Division of Marital Partnership Property (from Part A) Capital Contributions (from Part F) Partnership Profits/Losses (subtract line 2 from line 1) Required Equalization Payment (to equalize line 3) Equal Division of Profits/Losses (line 3 plus/minus line 4) MSP Awarded Each Party (from Part A) Total Value Received (line 1 plus line 6 plus/minus line 4) Doe v. Doe FC-D No. 07-1-0001 Prepared By Husband 8-15-07

940,001.00 ( 640,000.00 ) 300,001.00 (2,000.50) 298,000.50 1,000,000.00 1,938,000.50

498,000.00 ( 202,000.00 ) 296,000.00 2,000.50 298,000.50 0.00 500,000.50
1

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

Notes

Husband

Wife

3.01 3.02 4.01 5.01 5.03 6.01 11.08 8.01 8.02 8.03 11.09

Bank of Hawaii Checking First Hawaiian Bank Checking Dean Witter 1998 BMW 740i 1998 Porsche 20 Mott Smith Drive, Honolulu, HI Bank of Hawaii (6.01) Bank of Hawaii IRA Bank of Hawaii IRA ABC Corp. 401K Charge Card Debt

X X X X X X X X X X X

5,000.00 5,000.00 50,000.00 8,000.00 35,000.00 300,000.00 (100,000.00) 50,000.00 40,000.00 200,000.00 (1,000.00)

Total Net Value at Date of Marriage PART D: GIFTS RECEIVED DURING MARRIAGE Description of Gift

540,000.00
Notes Husband

52,000.00
Wife

1.01

Cash from Aunt (2004)

X

100,000.00

Total Gifts Received PART E: INHERITANCES RECEIVED DURING MARRIAGE Description of Inheritance

0.00
Notes Husband

100,000.00
Wife

1.02 1.03

Cash from Mother (1998) Cash from Father (2002)

X X

100,000.00 50,000.00

Total Inheritances Received PART F: CAPITAL CONTRIBUTIONS Total Capital Contributions (Parts C plus D plus E)
Doe v. Doe FC-D No. 07-1-0001 Prepared By Husband 8-15-07

100,000.00 Husband 640,000.00

50,000.00 Wife 202,000.00
2

CONTINUATION SHEET
PART A: PROPOSED DIVISION OF EXISTING ASSETS AND DEBTS (continued) Description of Asset or Debt AD No. Title Notes Value Husband Wife

Total (Enter in Part A on page 1)
Doe v. Doe FC-D No. 07-1-0001 Prepared By Husband 8-15-07

0.00

0.00
3

0.00

NOTES
AD No. Note(s)

1.01 1.02 1.03 3.01 3.02 3.03 4.01 4.02 5.01

5.02 5.03 6.01 11.07 11.08 6.02 11.01 11.02 6.03

7.01 11.03 8.01 8.02 8.03 11.04 11.05 11.06 11.09

See Trial Exhibit A. See Trial Exhibit 1. See Trial Exhibit B. See Trial Exhibits 2 and 3. See Trial Exhibits C and D. See Trial Exhibits 4 and E. 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 rule in Woodworth v. Woodworth, 7 Haw. App. 11, 740 P.2d 36 (1987) and Wong v. Wong, 87 Hawaii 475, 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. See Trial Exhibit 8. 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 between Husband and Wife on January 5, 1998. It is therefore marital separate property under Hussey 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 14. See Trial Exhibit 15. See Trial Exhibits 16 and 17. See Trial Exhibits L and M. See Trial Exhibits 18 and 19. See Trial Exhibit 20. See Trial Exhibit 21. See Trial Exhibit N. See Trial Exhibit O.

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

4

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

ASSET AND DEBT STATEMENT OF JOHN DOE 1. 2. CASH (currency, traveler's checks, bullion) CREDIT UNION ACCOUNTS Name Title Credit Balance Debt Balance Nominal $

Page 2 3. BANK AND SAVINGS ACCOUNTS Company (Branch) 3.01 3.02 3.03 Bank of Hawaii First Hawaiian Bank Central Pacific Bank Type Checking Checking Savings Title H W J Balance 10,001. 15,000. 20,000.

4.

SECURITIES, BONDS, BROKERAGE ACCOUNTS AND CERTIFICATES Company Title H W Date of Acq. Basis Since Before Marriage 100,000. Since Marriage 35,000. Market Value 150,000. 50,000. Debt Against -0-0-

4.01 4.02

Dean Witter Merrill Lynch

5.

VEHICLES Year Make BMW 740i Volvo Title W H Market Value 8,000. 25,000. Debt Against -0-0-

5.01 5.02

1998 2004

Page 3 6. REAL PROPERTY Date Bgt. Before Marriage After Marriage Before Marriage Basis 250,000. 600,000. Market Value 650,000. 650,000. 1,000,000. Debt Against 200,000. 300,000. -0-

Title Address 20 Mott Smith Drive 6.01 Honolulu, HI J 16 Aiea Heights Drive 6.02 Aiea, HI J 6.03 Alaska Acreage
1

1

H

Marital separate property pursuant to the parties' January 5, 1998 prenuptial agreement.

7.

LIFE INSURANCE Company Person Insured H Face Amount 250,000. Ben'y W Title H Cash Value 50,000. Debt Against 20,000.

7.01 Transamerica

8.

RETIREMENT PLANS AND ACCOUNTS Employer or Company Title H W H W Type of Plan IRA IRA 401K Pension Years in Plan Since Before Marriage Since Before Marriage Since Before Marriage Since Marriage Accrued Benefits 75,000. 75,000. 250,000. ?

8.01 8.02 8.03 8.04

Bank of Hawaii Bank of Hawaii ABC Corp. Hawaiian Airlines

Page 4 9. ALL OTHER MAJOR ASSETS General Description 9.01 9.02 Household Effects Personal Effects Title H,W,J H,W Gross Value ? ? Debt Against -0-0-

10.

PROPERTY HELD IN TRUST Description Trustee/s Beneficiaries Value Debt Against

11.

OUTSTANDING DEBTS Creditor Debtor J J H H H W J 6.01 Security 6.02 6.02 7.01 8.03 Date Incurred After Marriage After Marriage After Marriage After Marriage After Marriage After Marriage After Marriage Balance 250,000. 50,000. 20,000. 50,000. 10,000. 10,000. 200,000. Min. Mo. Payment 1,400. 2,500. 300. 450. 150. 150. 1,200.

11.01 First Hawn Bank 11.02 First Hawn Bank 11.03 Transamerica 11.04 ABC Corp. 401K 11.05 Mastercard 11.06 Mastercard 11.07 Bank of Hawaii

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: