Rule 70.Judgment for Specific Acts; Vesting Title.

Current through July 1, 2026 · Last verified September 11, 2026

In one sentenceRule 70 lets the court have a specific act done by someone else at the disobedient party cost, or divest and vest title directly.

Full Text of Rule 70

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If a judgment directs a party to execute a conveyance of land or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act when so done has like effect as if done by the party. On application of the party entitled to performance, the court shall issue a writ of attachment or sequestration against the property of the disobedient party to compel obedience to the judgment. The court may also in proper cases adjudge the party in contempt. If real or personal property is within the State, the court in lieu of directing a conveyance thereof may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of a conveyance executed in due form of law. When any order or judgment is for the delivery of possession, the party in whose favor it is entered is entitled to a writ of execution or assistance upon application to the court.

End

Amendment History

The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.

Plain-English Summary

Where a judgment directs a party to convey land, deliver deeds or other documents, or perform any other specific act, and that party does not comply within the time specified, the court may direct the act to be done by some other person it appoints, at the disobedient party cost. The act so done has the same effect as if the party had done it.

That is the provision that makes a property division enforceable against a spouse who refuses to sign. The deed gets executed either way, and the refusing party pays for the substitute.

The rule goes further on application: the court may divest title from one party and vest it in another, which achieves the transfer without any conveyance at all. Rule 71 then lets a non-party in whose favour an order was made enforce it by the same process as a party.

Frequently Asked Questions

What if my ex refuses to sign a deed in Hawaii?

The court may direct the act to be done at that party cost by a person it appoints, and the act then has the same effect as if the party had done it.

Can the court transfer title directly?

Yes. On application the court may divest title from one party and vest it in another.

Who pays for the substitute performance?

The disobedient party.

Does this apply to documents other than deeds?

Yes. The rule reaches delivery of deeds or other documents and the performance of any other specific act directed by the judgment.

Can a non-party enforce such an order?

Yes. Rule 71 lets a person in whose favour an order is made enforce obedience by the same process as if they were a party.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 70). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. · Official source

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