Types of Property Tenancy in Hawaii
Understand Hawaii property ownership types: rights, survivorship, probate impact, and how to choose the right tenancy for your family.
Tenancy in Severalty - Single-owner title. No survivorship by definition. Transfers via deed during life or through probate/trust at death.
Tenancy in Common (TIC) - Two or more owners with separate, undivided interests (equal or unequal). No survivorship; each share passes via will, trust, or probate.
Joint Tenancy with Right of Survivorship (JTWROS) - Co-owners with equal interests and survivorship. When one owner dies, their interest passes to surviving joint tenants outside probate.
Tenancy by the Entirety (TBE) - For married couples. Includes survivorship and certain creditor protections. On death, interest passes to surviving spouse outside probate.
Life Estate - One party holds a life interest; another holds remainder. Life tenant may occupy/use during life; remainder receives title at death.
Trust Ownership - Title held by a trustee per trust terms. Avoids probate for trust assets; successor trustee manages distribution per the trust.
Frequently Asked Questions about Tenancies in Hawaii
Which tenancy avoids probate in Hawaii?
Answer: Joint Tenancy with Right of Survivorship and Tenancy by the Entirety pass to the survivor outside probate. Trust ownership can also avoid probate for trust assets.
Can I switch from Tenancy in Common to Joint Tenancy?
Answer: Yes. Owners can record a new deed to change the vesting. HawaiiDeed prepares and records the correct deed language to reflect your new ownership.
What tenancy is best for married couples in Hawaii?
Answer: Many couples choose Tenancy by the Entirety for survivorship and certain protections. Your situation may differ; HawaiiDeed can explain options and prepare the deed.
How do we add an adult child to the title while keeping survivorship?
Answer: You can add a child via a new deed and select a vesting that fits your goals, such as TIC or JTWROS. HawaiiDeed helps structure and record the deed correctly.
Does changing tenancy require escrow or title insurance?
Answer: No. For family or estate planning changes, you can typically record a new deed without escrow or title insurance. HawaiiDeed handles preparation and recording.