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.
Haw. Rev. Stat. § 509-1
Construed as estates in common, when
Applied in 2 court decisions — leading case United States v. Real Property Located at Incline Village (1997)
Most recently applied in Darryl F. Bryant, Sr. v. Darryl F. Bryant, Jr. (April 2017)
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
Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.