2021 Hawaii Revised Statutes
Title 28. Property
509. Conveyances to Two or More
509-3 Tenancy by the entirety when owners change relationship status.

Universal Citation: HI Rev Stat § 509-3 (2021)

§509-3 Tenancy by the entirety when owners change relationship status. (a) When two individuals who hold property as tenants by the entirety enter into a different legal relationship with each other that also allows them to hold property as tenants by the entirety, their ownership as tenants by the entirety shall be continuous:

(1) If the new legal relationship is entered into simultaneously with the termination of the earlier legal relationship; or

(2) If the new legal relationship is entered into within ninety days after the termination of the earlier legal relationship; provided that no liens were perfected and attached on the property in the interim.

(b) The continuity of a tenancy by the entirety under this section shall apply to couples married under chapter 572, civil union partners under chapter 572B, and reciprocal beneficiaries under chapter 572C.

(c) Nothing in this section precludes any individuals from opting to hold their property in another manner as permitted under this chapter.

(d) Nothing in this section shall impact liens perfected and attached on the property after the earlier legal relationship was terminated and before January 1, 2012. [L 2012, c 267, §2]

Revision Note

In subsection (d), "January 1, 2012" substituted for "the date this Act became law upon its approval". The approval date for Act 267 was July 6, 2012.

Disclaimer: These codes may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.