What happens to a tenancy by the entireties when a married couple gets divorced in Hawaii?

When a married couple in Hawaii gets divorced, a tenancy by the entireties extinguishes and becomes a tenancy in common. This type of ownership is specifically designed for married couples, providing them with equal rights to the property during the marriage. However, upon divorce, the legal relationship that underpins tenancy by the entireties is dissolved.

This transition to a tenancy in common allows both former spouses to have a distinct share in the property, which can then be sold, transferred, or otherwise managed independently of one another. This change is important for property management post-divorce, as it delineates individual ownership interests that can be handled separately, unlike the joint ownership characteristics of tenancy by the entireties.

In contrast, other forms of ownership, such as tenancy at sufferance or reverting to common interest ownership, do not accurately reflect the legal ramifications of divorce. A tenancy at sufferance typically involves a tenant who remains in possession of property after the lease has expired without the landlord's consent, which does not apply here. Common interest ownership typically pertains to community associations and does not relate to the division of marital property. Therefore, recognizing that tenancy by the entireties transitions into a tenancy in common captures the key legal shift that occurs upon divorce.