Hawaii Quitclaim Deed

Introduction

Key Things to Know

1. 1

   A quitclaim deed transfers only the interest you actually have. It passes whatever ownership you hold in the property to the grantee and makes no promise that the title is clear, or even that you own anything. A warranty deed, by contrast, guarantees the title, which is why a quitclaim is used mainly between people who trust each other.

2. 2

   Record at the statewide Bureau of Conveyances. Hawaii has no county recorders. Every deed is recorded at one central Bureau of Conveyances in Honolulu (HRS Section 502-83). Recording protects the grantee against a later good-faith buyer under the state's race-notice rule.

3. 3

   You must sign before a notary. To be recorded, a Hawaii quitclaim deed must be acknowledged before a notary public. HRS Section 502-41 requires that acknowledgment (the notary's confirmation that you signed) before the Bureau of Conveyances will accept the deed.

4. 4

   No witnesses are required. Hawaii conditions recording only on a notarial acknowledgment (HRS Sections 502-41 to 502-45); no statute requires subscribing witnesses for a deed, so a notarized signature alone is enough.

5. 5

   Pay the conveyance tax and file a certificate of conveyance. Hawaii charges a conveyance tax on deeds under HRS Chapter 247, tiered by value and by whether the buyer qualifies for a county homeowner's exemption, and HRS Section 247-6 requires a certificate of conveyance (Form P-64A, or Form P-64B if exempt) stating the full consideration before the deed is recorded.

6. 6

   There is no Hawaii quit claim deed form to fill in. Hawaii prescribes no statutory deed form; HRS Section 501-101 confirms owners use ordinary forms of deeds sufficient in law. A quitclaim uses remise-and-release language and carries no warranty of title.

7. 7

   Understand the dual recording system and spousal rules. Hawaii keeps a Regular System (registrar of conveyances, HRS Section 502-83) and a Land Court Torrens system (assistant registrar, HRS Section 501-101); land in both systems must be recorded in both. Hawaii is not a community-property state and dower and curtesy are abolished (HRS Section 560:2-112), so a non-owner spouse need not join. Common quitclaim uses include divorce transfers and moving a home into a living trust.

Hawaii Requirements for Quitclaim Deed

• Sign Before a Notary Public

  To record a Hawaii quitclaim deed you must acknowledge it before a notary public. HRS Section 502-41 requires a notarial acknowledgment before any conveyance can be recorded, so notarization is the formality that makes the deed recordable at the Bureau of Conveyances.

• No Witnesses Are Required

  Hawaii does not require witnesses to sign a deed. HRS Chapter 502 conditions recording solely on a notarial acknowledgment (HRS Sections 502-41 to 502-45); no section imposes a subscribing-witness requirement, so a notarized signature alone is sufficient.

• Record at the Statewide Bureau of Conveyances

  Hawaii has no county recorders. Record the signed, notarized deed at the single statewide Bureau of Conveyances in Honolulu. Under HRS Section 502-83 a deed that is not recorded is void against a later good-faith purchaser for value who records first (a race-notice rule).

• Know Whether the Land Is in the Regular System or Land Court

  Hawaii runs a dual recording system. Unregistered land is recorded in the Regular System with the registrar of conveyances (HRS Section 502-83); registered land is filed in the Land Court (Torrens) system with the assistant registrar (HRS Section 501-101), where the act of registration is what transfers title. Land in both systems must be recorded in both.

• Pay the Conveyance Tax

  Hawaii imposes a conveyance tax on transfers of real property by deed (HRS Chapter 247). The rate is tiered by the property's value and by whether the buyer qualifies for a county homeowner's exemption, from 10 cents per $100 up to $1.25 per $100, with a $1 minimum per transaction (HRS Section 247-2). The tax is generally paid by the grantor.

• File a Certificate of Conveyance

  HRS Section 247-6 requires a certificate of conveyance stating the actual and full consideration to be filed before the deed is accepted for recording. The Department of Taxation provides Form P-64A for taxable transfers and Form P-64B for exempt transfers; confirm the current-year form. Certain transfers, such as one between spouses under a divorce order, are exempt under HRS Section 247-3.

• Hawaii Has No Statutory Deed Form

  Hawaii does not prescribe a statutory short-form quitclaim or warranty deed. HRS Section 501-101 confirms that owners may use ordinary forms of deeds sufficient in law for the purpose intended. A quitclaim deed uses remise-and-release language and carries no warranty of title; the grantee takes only whatever interest the grantor holds.

• Include the Grantee's Address and Meet Formatting Rules

  The registrar will not record a deed unless it contains the grantee's address (HRS Section 502-34). The deed must also bear original signatures with each signer's name printed beneath, reserve the top 3.5 inches of the first page for recording information, and be on 8.5 by 11 inch pages numbered consecutively and stapled once in the upper left corner (HRS Section 502-31).