Property Ownership

What is 'joint tenancy with right of survivorship' and how must it be created in Hawaii?

AA. It is automatically created whenever two people buy property together in Hawaii

BB. Joint tenancy must be expressly created by using the specific language 'joint tenancy' or 'joint tenants with right of survivorship'; otherwise, tenancy in common is presumed✓ Correct

CC. Joint tenancy can only be created between married couples in Hawaii

DD. Joint tenancy is only available for commercial property in Hawaii

Explanation

In Hawaii, joint tenancy does not arise by implication—it must be expressly created by using clear language in the deed (such as 'as joint tenants with right of survivorship'). Without express joint tenancy language, a conveyance to multiple grantees is presumed to create tenancy in common.

People Also Study

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 Common

Co-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.

Deed

A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).

Easement

A non-possessory right to use another person's land for a specific purpose.