Sawada v. Endo

57 Hawaii 608, 561 P.2d 1291 (1977)

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Nature of the Case

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Facts

Endo (D) had no liability insurance. He severely injured Helen and Masako Sawada (P) in an accident. D's only asset was land that he held as a tenant by the entirety with his wife. Soon after P filed suit for damages from the accident, D and his wife conveyed this land to his sons for no consideration. Both sons were aware that their father had been involved in an accident and that he had carried no liability insurance. However, D continued to live on the land even though he had reserved no life interest in it. Although P received judgment from D for $8,846.46 and $16,199.28, they had no way to recover it. D’s wife died on January 29, 1971. P was frustrated in their recovery from D’s personal property. P then sued to set aside the conveyance to the sons for fraud. D claimed that the conveyance was not a fraud; the separate creditor of either spouse can't reach property held as tenants by the entirety. The trial court refused to set aside the conveyance and P appealed.