§509-2  Creation of joint tenancy, tenancy
by the entirety, and tenancy in common.  (a)  Land, or any interest
therein, or any other type of property or property rights or interests or
interest therein, may be conveyed by a person to oneself and another or others
as joint tenants, or by a person to oneself and one's spouse or reciprocal
beneficiary, or by spouses to themselves, or by reciprocal beneficiaries to
themselves, as tenants by the entirety, or by joint tenants to themselves and
another or others as joint tenants, or tenants in common to themselves or to
themselves and another or others as joint tenants, or by tenants by the
entirety to themselves or themselves and another or others as joint tenants or
as tenants in common, or by one tenant by the entirety to the tenant's spouse
or reciprocal beneficiary of all of the tenant's interest or interests, without
the necessity of conveying through a third party, and each such instrument
shall be construed as validly creating a joint tenancy, tenancy by the
entirety, tenancy in common, or single ownership, as the case may be, if the
tenor of the instrument manifestly indicates such intention.



(b)  For the purposes of this chapter:



"Reciprocal beneficiary" means an
adult who is a party to a registered reciprocal beneficiary relationship in
accordance with chapter 572C, and has a valid certificate of reciprocal
beneficiary relationship that has not been terminated. [L 1941, c 167, §1; RL
1945, §12781; RL 1955, §345-2; am L 1957, c 237, §1; HRS §509-2; gen ch 1993;
am L 1997, c 383, §10]



 



Case Notes



 



  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.



  Section states no presumption in favor of tenancy in common. 
59 H. 474, 583 P.2d 966.



  Property management agreement neither conveyed property nor
altered the tenancy by the entirety; purpose of section and relevant antecedent
is to eliminate common law requisite of a "straw man" in creating a
joint tenancy.  64 H. 236, 639 P.2d 400.