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Hawaii Revised Statutes

Haw. Rev. Stat. § 651-91 (2026)

  Definitions

✓ current as of July 2026
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B.  Real Property

 

     §651-91  Definitions.  As used in this subpart:

     "Head of a family" includes within its meaning:

     (1)  A man and woman when married, except as provided in section 651-93;

     (2)  Every individual who is residing on the real property and who has under that individual's care or maintenance, either:

          (A)  That individual's minor child, or minor grandchild, or the minor child of that individual's deceased wife or husband;

          (B)  A minor brother or sister, or the minor child of a deceased brother or sister;

          (C)  A father, mother, grandfather, or grandmother;

          (D)  The father, mother, grandfather, or grandmother of a deceased husband or wife; or

          (E)  An unmarried brother, sister, or any other of the relatives mentioned in this paragraph who have attained the age of majority; and

     (3)  Head of household as defined in section 2(b) of the Internal Revenue Code of 1954, as amended.

     "Long-term lease" means a lease for twenty years or more.

     "Owner" means an individual who has an interest in real property.

     "Person" means any individual under sixty-five years of age other than the head of a family.

     "Real property" consists of the dwelling house in which the owner resides and one parcel of land not to exceed one acre, upon which it is situated together with other buildings thereon.  This parcel may be in fee simple or any other interest in real property that vests the immediate right of possession, even though the immediate right of possession is not exclusive, and includes land held under long-term lease, ownership rights in a condominium or stock cooperative unit. [L 1976, c 136, pt of §1; am L 1978, c 46, §6; am L 2016, c 55, §31]

 

 

Notes of Decisions
Cited in 2 cases, 1983–2016 · leading case: Castro v. Melchor, 366 P.3d 1058 (Haw. App. 2016).
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Castro v. Melchor, 366 P.3d 1058 (Haw. App. 2016). · cites it 2× “2015) (a person as defined in the Permitted Transfers in Trust Act includes only natural persons), HRS § 651-91(1)(4) (1993) (as used in HRS §§ 651-92 to 651-96 (1993), a person means any individual under sixty-five years of age other than the head of a family).”
In re Tevaga, 35 B.R. 157 (Bankr. D. Haw. 1983). “[§ 651-91 HRS, Emphasis supplied]. The definitions therefore make it absolutely mandatory that the claimant of the exemption must reside in the dwelling on the real property claimed to be exempt.”
— Haw. Rev. Stat. § 651-91(1)(4) — 1 case
Castro v. Melchor, 366 P.3d 1058 (Haw. App. 2016). “2015) (a person as defined in the Permitted Transfers in Trust Act includes only natural persons), HRS § 651-91(1)(4) (1993) (as used in HRS §§ 651-92 to 651-96 (1993), a person means any individual under sixty-five years of age other than the head of a family).”
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