Part of the home-buying process includes deciding how you want to hold title of the new property. The following list includes the common tenancy options in the State of Hawaii.
These are general summaries but will give you an idea of the options. Here is a more comprehensive description of the tenancies:
TENANCY IN SEVERALTY – Sole ownership of the property by one person or entity. There are no rights of survivorship. Any tenant in common can sell the interest in the property without the consent of the co-tenants. When the sole owner dies, the property is probated and passes to the heirs or devisee.
TENANCY IN COMMON – Ownership of the property by two or more persons or entities, each with separate percentage interests. You must specify the percentage interest for each owner. Generally, each owner has equal rights to possess and use the property and may separately convey and deal with the owner’s respective interest. When one owner dies, that owner’s interest in the property passes to that owner’s heirs, not to the other owners.
TENANTS BY THE ENTIRETY – A type of joint tenancy ownership available only to husband and wife, reciprocal beneficiaries or partners to a civil union. This tenancy places title with both tenants having an equal, undivided interest in the whole property. When one owner dies, his or her interest passes automatically, without probate, to the survivor. Until death, divorce, or termination of the reciprocal beneficiary status, both owners’ signatures are required for any deeds, mortgages, or other transfers of interests in the property.
JOINT TENANCY – Ownership by two or more individuals, each with an equal interest in the property. Can only be used by individuals, and not companies, trustees, or other entities. When one owner dies, his or her interest passes automatically, without probate, to the other owner(s). Any one of the owners may sever the joint tenancy by conveying his or her interest.
While it may seem to be a simple decision, there may be pros and cons to each tenancy depending on who you are buying the property with and future plans for it. You are encouraged to seek the advice of an attorney or accountant to assist you in your decision.
Taba Realty & Development, LLC is a full service Kauai real estate company that offers assistance with buying and selling Kauai real estate and also assisting owners with their Kauai property management needs. Please contact us at (808) 742-7110 should you have any questions in regards to our services. You will discover why Taba Realty is the premium choice for all of your Kauai real estate needs.