Traders Travel International, Inc. v. Howser

753 P.2d 244, 69 Haw. 609, 1988 Haw. LEXIS 18
CourtHawaii Supreme Court
DecidedApril 21, 1988
DocketNO. 12313
StatusPublished
Cited by28 cases

This text of 753 P.2d 244 (Traders Travel International, Inc. v. Howser) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Traders Travel International, Inc. v. Howser, 753 P.2d 244, 69 Haw. 609, 1988 Haw. LEXIS 18 (haw 1988).

Opinions

[610]*610OPINION OF THE COURT BY

HAYASHI, J.

Defendant-Appellant Charles E. Howser (hereinafter “Howser”) appeals the order garnishing $37,389.07 of the $51,499.25 bank account held by him, his wife, and their two daughters. The trial court had held that creditor Plaintiff-Appellee Traders Travel International, Inc. (hereinafter “Traders”) could garnish most of the joint account to satisfy a judgment against Howser. He contends that the trial court erred because 1) the account was a tenancy by the entirety possessed by him and his wife [611]*611which could not be garnished; or 2) if the funds could be confiscated, then Traders could only seize his one-fourth equitable interest. We disagree and affirm the judgment.

I.

BACKGROUND FACTS.

The procedural facts are not disputed. This case arose out of Howser’s default on a $25,000 note plus interest owed to Traders. After a 1985 bench trial, Traders obtained judgment against Howser which was affirmed on appeal by this court.1

On remand, Pioneer Federal Savings Bank (hereinafter “Pioneer”) disclosed that it had a $51,499.25 NOW account held by Howser, his wife Ardeth L. Howser, and their daughters Charletta L. Bell plus Kahalaomapuana Howser. On October 31, 1986, the trial court ordered $37,389.07 ($32,258.94 judgment, $4,814.44 interest, plus $315.69 costs) garnished.

On November 10, 1986, Howser moved for reconsideration arguing, inter alia, that any garnishment of the account should be limited to his one-fourth equitable interest. Traders answered that the entire joint account was subject to forfeiture: since Howser could withdraw all the funds, his creditor can also seize the whole account to satisfy a judgment.

[612]*612But in a December 12, 1986 supplemental memorandum, Howser declared that the account was held by him and his wife as a tenancy by the entirety and was thus not subject to a garnishment. His affidavit stated:

2.The NOW account at Pioneer Federal Savings Bank was established by my wife and I as an account that we both owned. It is held in the same manner as the interest that we have in our home, a tenancy by the entirety. My daughters names were added to the account so that in the event my wife and I died together, they could have access to the account. The account itself is one with my wife and is held as tenants by the entirety.

Record Volume II at 50 (emphasis added).

Based on Howser’s representation, the trial court on January 14, 1987 set aside the garnishment order. An amended order also issued on January 29, 1987.

However on February 9, 1987, Traders sought reconsideration based on mistake because 1) according to the Pioneer signature card signed by Howser and his wife, a joint account was established; so 2) Howser misstated that a tenancy by the entirety existed. Howser responded that 1) notwithstanding the signature card, the legal effect of spouses holding a joint bank account is a tenancy by the entirety; and 2) even if only a joint account was set up, a creditor can only garnish the debtor’s proportionate share of the account.

On June 9, 1987, the trial court granted Traders reconsideration first determining that the disputed funds were placed in a joint account so were not held as a tenancy by the entirety. The trial court then ruled:

2. A joint tenant has an undivided interest in the whole. Sawada v. Endo, 57 H. 608 (1977); Thurston v. Allen, 8 H. 392 (1891).
3. A judgment creditor of one joint tenant can execute upon the entire bank or savings account. 30 Amjur 24 [sic] Executions § 800 (1967).
4. The NOW Account held at garnishee PIONEER is subject to the individual claims of Defendant HOWSER’s creditors.

Id. at 130 (emphasis added).

This appeal then followed.

[613]*613II.

QUESTIONS PRESENTED.

We will address the issues posed as follows:

1. Whether the trial court erred by ruling that Howser (and his wife) had established a joint account, not a tenancy by the entirety? NO.

2. Whether the trial court erred by not restricting Traders’ garnishment to Howser’s purported one-fourth equitable interest in the account? NO.

III.

NATURE OF HOWSER’S ACCOUNT.

Howser maintains that he and his wife established an ungarnishable tenancy by the entirety in their bank account. Traders counters that the clear language of the Pioneer signature card conclusively determines that there was only a joint account.

A tenancy by the entirety is a unique form of ownership in which both spouses are jointly seized of property such that neither spouse can convey an interest alone nor can one spouse’s creditor attach the property to satisfy a debt. See In re Trust Created by Declaration of Trust of Dean, Dated November 14, 1944, and Subsequently Amended, 47 Haw. 629, 394 P.2d 432 (1964). And although a tenancy by the entirety can exist in personal property, it must manifestly appear that the spouses intended to create such an estate. In re Estate of Au, 59 Haw. 474, 583 P.2d 966 (1978); see Hawaii Revised Statutes (hereinafter “HRS”) §§ 509-1 and 509-2 (1985).2

[614]*614Here, the unambiguous signature card clearly evidences that Howser and his family set up a joint account, analogous to a joint tenancy, and not a tenancy by the entirety. See HRS § 403-134 (1985).3 The plain and ordinary signature card language (which essentially contains contract terms for deposits, withdrawals, and liability) is dispositive, and no real question of intent exists. See Hanagami v. China Airlines, Ltd., 67 Haw. 357, 688 P.2d 1139 (1984) (per curiam); Bishop Trust Co. v. Central Union Church of Honolulu, 3 Haw. App. 624, 656 P.2d 1353 (1983). Had Howser genuinely wanted to create a tenancy by the entirety, he and his wife should have so indicated on the documents provided by Pioneer. No such estate therefore existed.

Hence, Howser cannot use the tenancy by the entirety doctrine to evade judgment creditor Traders’ garnishment. See Sawada v. Endo, 57 Haw. 608, 561 P.2d 1291 (1977).

Additionally, a tenancy by the entirety must be held exclusively by married spouses who alone possess the mutual right of survivor-ship. See e.g., In re Estate of Ikuta, 64 Haw. 236, 639 P.2d 400 (1981). [615]*615Should the spouses divorce, the property becomes a tenancy in common. Vaughan v. Williamson, 1 Haw. App.

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Bluebook (online)
753 P.2d 244, 69 Haw. 609, 1988 Haw. LEXIS 18, Counsel Stack Legal Research, https://law.counselstack.com/opinion/traders-travel-international-inc-v-howser-haw-1988.