Page 4 - Hawaii Top Flyers

Common Ways To

Hold Title In Hawaii

TENANT IN TENANCY IN JOINT TENANTS BY
SEVERALTY COMMON TENANCY THE ENTIRETY

Property held by one person, Property held by 2 or more Property held by 2 or more Property held by spouses, with
Definition severed from all others. persons, with no right of individuals (not corporations, rights of survivorship.
partnerships, etc.) with right of
survivorship.
survivorship.
Any transfer to one person. By express act; also by failure to Express intention plus 4 Express intention, only spouses.
Creation express the tenancy. unities of time, title, interest Divorce automatically results in
tenants in common.
and possession (with statutory
exception).
Possession Total. Equal right of possession. Equal right of possession. Equal right of possession.
One title to one entity. Each co-owner has a separate One title to the whole One title in the marital unit.
legal title to his undivided property since each tenant is
Title interest, will be equal interests theoretically deemed owner of
unless expressly made unequal. whole; must be equal undivided
interests.
No restrictions. Each co-owner’s interest may Conveyance of one co-owner’s Cannot convey without consent
Conveyance (Check for release of marital be conveyed separately by its interest breaks his tenancy; of spouse.
rights, if any). owner; purchaser becomes purchaser becomes tenant in
tenant in common. common.
Entire property subject to Decedent’s fractional interest No probate and can’t be Right of survivorship so no
probate and included in gross subject to probate and included disposed of by will; property probate. Same death taxes as
estate for federal & state death in gross estate for federal and automatically belongs to joint tenancy.
taxes. state death taxes. The property surviving co-tenants (last one
Effect of passes by will to devisees or holds in severalty). Entire
Death heirs, who take as tenants in property included in decedent’s
common. No survivorship gross estate for federal
rights. estate tax purposes minus
% attributable to survivor’s
contribution.
Subject to creditor claims. Co-owner’s fractional interest Joint tenant’s interest also Only a creditor of both spouses
may be sold to satisfy his subject to execution sale. can execute on property.
Creditor’s creditor who then becomes Joint tenancy is broken and
Rights tenant in common. purchaser becomes tenant in
common. Creditor gets nothing
if debtor tenant dies before sale.
Presumed None. Favored in doubtful cases; Not favored so must be Must be expressly stated.
By Law presumed to be equal interests. expressly stated.

07/2021 | © 2021 Old Republic Title | OR1688-DI-HI | Old Republic Title is
providing this information as a free client service and makes no warranties or
representations as to its accuracy.
Old Republic Title strongly recommends consumers confer with their title
insurer as underwriting requirements vary among companies and further,
obtain guidance and advice from qualified professionals, including attorneys
specializing in Real Property, Trusts and/or Title Insurance to get more
detailed, and current, information as to any particular situation affecting them.