Hawaii Renunciation And Disclaimer of Joint Tenant or Tenancy Interest - Hawaii 2025

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Each joint tenant holds an equal undivided interest in the property. Right of survivorship means that when a joint tenant dies, his interest automatically passes to and is divided equally among the remaining joint tenants.
The then-relatively new law allowed married couples and reciprocal beneficiaries in Hawaii to put their real property in trust while retaining the creditor protection benefits of tenants by the entirety laws.
Joint tenancy is most common among married couples because it helps property owners avoid probate. Without joint tenancy, a spouse would have to wait for their partners Last Will to go through a legal review processwhich can take months or even years.
In contrast to a joint tenancy, no tenant in common has the right of survivorship; any of them can sell their portion without the consent of the others.
Because joint tenancy provides the right of survivorship, it is sometimes referred to as joint tenancy with right of survivorship and abbreviated JTWROS. By contrast, there is no right of survivorship in a tenancy in common, which means property ownership doesnt automatically pass to the surviving owners.