Property Ownership
In Hawaii, when a couple divorces, the marital home held in joint tenancy may be:
AA. Automatically converted to tenancy in common upon divorce
BB. Only transferred with both parties' agreement or by court order✓ Correct
CC. Immediately sold by either party without the other's consent
DD. Forfeited to the state if the parties cannot agree
Explanation
Upon divorce, the marital home typically requires either a mutual agreement to sell/transfer or a court order dividing the property as part of the divorce settlement.
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Key Terms to Know
Joint Tenancy
Co-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.
Tenancy in CommonCo-ownership where two or more people hold undivided interests that need not be equal and pass to each owner's heirs — no right of survivorship.
DeedA written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
Listing AgreementA contract between a property owner and a real estate broker that authorizes the broker to market and sell the property.
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