Legal Question in Real Estate Law in Hawaii
joint tenancy
I am married and live in Hawaii. We bought the house after we got married, but the mortgage and title are in my husband's name. There is no joint tenancy right now.
Am I protected in event of my husband's death? Or should I add my name to the title now?
Thanks
Nellie
2 Answers from Attorneys
Re: joint tenancy
I suggest you consult with an attorney. It is my opinion that the title should be changed now. Otherwise you probably will have to obtain your interest through probate. Once you are married you may hold title as tenants by entirities a joint form of ownership that is only available to a husband and wife. Gerald Hershenson Esssq. 215-579-9390
Re: joint tenancy
I don't mind telling you right out that Hawaii tenancy is very state specific. You should place your property in Tenancy by the Entirety. This can be done by simple quitclaim deed, which I can draft for you for $130.00 + recordation fees. Call me at 808-526-0892
Aloha, Jon A. Zahaby