§509-1 - Construed as estates in common, when. - Hawaii Statutes

     §509-1  Construed as estates in common, when.  All grants, conveyances, and devises of land, or of any interest therein, made to two or more persons, shall be construed to create estates in common and not in joint tenancy or by entirety, unless it manifestly appears from the tenor of the instrument that it was intended to create an estate in joint tenancy or by entirety; provided that this section shall not apply to grants, conveyances, or devises to personal representatives or trustees. [L 1903, c 19; RL 1925, §3190; RL 1935, §5180; RL 1945, §12780; RL 1955, §345-1; HRS §509-1; am L 1976, c 200, pt of §1]

 

Cross References

 

  Married persons, see §§572-21, 25.

 

Case Notes

 

  Assuming there could be estate by entirety in personalty, nevertheless stock held by husband and wife "as joint tenants with right of survivorship" not held by entirety.  95 F. Supp. 684, 691.

  Prior to statute, conveyance to two or more construed as tenancy in common; common law rule rejected.  5 H. 543.

  Two or more persons acquiring title by adverse possession take as tenants in common in absence of agreement to the contrary.  31 H. 661, citing as contrary and in effect overruling 5 H. 491.

  Statute does not apply to will which took effect before its enactment.  23 H. 747, 754, aff'd 255 Fed. 732.

  In case of doubt, grantees take as tenants in common.  24 H. 341, 345; 37 H. 234, 241.  But if intention to create joint tenancy manifestly appears, estate in joint tenancy created.  24 H. 341.

  There is a general fiduciary relationship between cotenants.  57 H. 195, 552 P.2d 1380.

  An estate by the entirety is not subject to claims of creditors of one of the spouses.  57 H. 608, 561 P.2d 1291.

  Right of survivorship of a joint tenant is subject to levy.  59 H. 277, 580 P.2d 843.

  Personal property not affected by section.  59 H. 474, 583 P.2d 966.

  Proceeds from sale of land held by the entirety are also property held by the entirety in absence of contrary intent.  59 H. 474, 583 P.2d 966.