The Hawaii quitclaim deed is a document the parties use to transfer the property between themselves.
The parties to the quitclaim form are:
Grantor - the person who transfers the property, and
Grantee - the person who obtains the property
The general quitclaim form is convenient for the parties that use it since it has a simple form that parties can use to quickly and easily transfer the property. On the other hand, it doesn’t provide any warranties for the buyer and is therefore only recommended for transfers between trusted parties.
The quitclaim deed is also known as the no warranty deed or deed without warranty.
Quitclaim Deed Important Laws & Requirements in Hawaii
Laws & Requirements
Signing: The grantor must sign the quitclaim deed before the notary public. (§ 502-41)
Recording: The quitclaim deed must be registered at the Hawaii Bureau of Conveyances.
Land Court: $36 for a document of up to 50 pages and $101 for a document of more than 50 pages.
Regular system: $41 for a document up to 50 pages and $106 for a document of more than 50 pages.
Mandatory forms: Conveyance Tax Certificate must be submitted with each deed unless the exception from § 247-3 applies.
When to Use a Quitclaim Deed in Hawaii
Considering the simplicity of the form but the lack of guarantees it provides for the grantee, the quitclaim form is mostly used in the following situations:
#1. Title Modifications
The parties can use this document to change some of the information or details in the property title. This can be due to an error that previously existed in the title or because some of the information in the title needs to be updated.
#2. Property Transfer
This type of document is most commonly used for property transfers between two parties. Considering the lack of buyer protection, however, this form is mostly used for property transfers between trusted parties or family members.
#3. Living Trust Transfer
The grantor can use this type of deed to transfer the property from their assets to their living trust. Since there is no need for any guarantees for this type of action, the quitclaim deed is a perfect solution due to its simplicity.
How to Create a Quitclaim Deed in Hawaii
#1. Fill Out The Form
Firstly, enter the following information about the grantor and grantee:
If some of the parties are legal entities, enter their business names, registration numbers, mailing addresses, and status (sole proprietorship, partnership, limited liability company, or joint stock company).
#2. Add the “Note Consideration”
This provides information on what value one of the parties owes to the party transferring the property. This can be the payment of money, the default of debt, the provision of certain services, etc. In some cases, the property can be transferred without any consideration (as a gift).
#3. Write the Legal Description
The legal description is the set of information that helps the parties individualize the transferred property. With real estate, this usually includes the plot number and the number in the municipal real estate registry.
It can also include a description of the boundaries of the property as a supplement to the primary set of information or when there is no plot number.
#4. Sign & Get it Notarized
The grantor should sign the Hawaii quitclaim form in front of the notary public.
#5. File the Quitclaim Deed
Finally, the quitclaim form should be submitted to the relevant governmental body in charge of the registration of such documents.
Where to File a Quitclaim Deed in Hawaii
The Hawaii quitclaim form should be submitted to the Hawaii Bureau of Conveyances for registration.