What is the effect of divorce on a tenancy by the entireties in Hawaii?

In Hawaii, a tenancy by the entireties is a form of ownership exclusive to married couples, which treats both spouses as a single legal entity. When a divorce occurs, the legal relationship between the spouses changes fundamentally, and this has a direct impact on the ownership structure of the property held in tenancy by the entireties.

The effect of divorce on such a tenancy is that it is extinguished. This means that the ownership is no longer recognized as being held by the married couple but rather reverts to a default form of ownership. Generally, this default would be a tenancy in common unless the property is otherwise distributed according to the divorce decree or other legal mechanisms.

This transition is significant because it alters the rights each party has over the property, removing the protections and unified ownership characteristic of the tenancy by the entireties. Consequently, both parties may have equal shares in the property, allowing for different rights of management, control, and potential claim against the property without the mutual consent that was required under the tenancy by the entireties.