How to Hold Title in Hawai‘i Real Estate

When buying a home or land in Hawai‘i, most buyers focus on price, location, and lifestyle, but how you hold title is just as important. The form of ownership you choose affects your rights, how easily you can transfer or sell your property, and what happens to it when you pass away.

Whether you’re purchasing your first home, an investment property, or a peaceful Big Island retreat, here’s a guide to the most common ways to hold title in Hawai‘i—and what each means for you.

1. Tenancy in Severalty

This is sole ownership by one individual or entity. The owner has complete control and can sell, lease, or transfer the property freely.
Upon the owner’s death, the property becomes part of their estate and is subject to probate unless other estate planning steps are in place.

2. Tenancy in Common

With this form, two or more people share ownership, and their interests can be equal or unequal. Each co-owner may sell or transfer their share independently.
However, there’s no right of survivorship—when one owner passes, their share goes to their heirs or as stated in their will, which can involve probate.

3. Joint Tenancy with Right of Survivorship

Here, two or more people hold equal shares with the key feature of right of survivorship. If one owner dies, their share automatically passes to the surviving owner(s), bypassing probate.
If a joint tenant sells or transfers their share, though, the ownership may change to tenancy in common.

4. Tenancy by the Entirety

Exclusive to married couples or reciprocal beneficiaries in Hawai‘i, this form treats both parties as a single legal entity. It provides right of survivorship—so if one partner passes, the other automatically owns the entire property.
Neither spouse can sell or mortgage the property without the other’s consent, and it’s generally protected from creditors of just one spouse.

5. Trust Ownership

Many Hawai‘i homeowners choose to place their property in a trust. This approach can help avoid probate, simplify transfers, and offer greater control over how the property is managed and distributed.
Trust ownership is especially useful in estate planning, offering flexibility, privacy, and peace of mind.

Final Thoughts

Each form of ownership carries distinct legal and tax considerations. Before deciding how to hold title, it’s best to consult with a real estate attorney or estate planning professional who understands Hawai‘i property law and your personal goals.
Making the right choice early helps protect your investment and ensures your property is managed according to your wishes.

Aloha from Lisa

Buying or selling real estate on the Big Island is more than a transaction—it’s a lifestyle.
If you’re considering a purchase or simply want to explore your ownership options, I’d be happy to guide you through every step of the process with local expertise and over 20 years of experience in Hawai‘i real estate.

Lisa Heaviside, Realtor Associate (RS-62736)
Hawaii Life Real Estate Brokers
📞 (808) 987-3791 | 📧 LisaHeaviside@HawaiiLife.com
🌿 Helping you live your Hawai‘i Life on the Big Island.