Hawaii Quitclaim Deed Form

Last Updated: March 17, 2024 by Rukshani Lye

What is a Quitclaim Deed in Hawaii? 

In Hawaii, a quitclaim deed is used to transfer property from an owner (“Grantor”) to a new owner (“Grantee”), without any promises or guarantees about the property’s title.  Quitclaim deeds are a quick way to transfer property but they offer the lowest security among real estate deeds in Hawaii.

The most common use of quitclaim deeds is between parties with high levels of trust, such as family members or close friends.

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What is the Difference Between a Quitclaim Deed and a Warranty Deed in Hawaii?

The main difference between quitclaim deeds and warranty deeds in Hawaii is that a quitclaim deed provides less security to the Grantee. 

A warranty deed provides legal protection to the new owner because it confirms that the Grantor owns the property and has the right to make a transfer. 

Warranty deeds are mostly used for real estate transactions in Hawaii. Quitclaim deeds, on the other hand, are used for transfers between family and friends.

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How Do Quitclaim Deeds Work in Hawaii?

In Hawaii, land records are centralized at the state level, and maintained by the Bureau of Conveyances.

The language of a state quitclaim deed typically states that the Grantor intends to “release, remise, and quitclaim” the property to the Grantee.

Once prepared, the quitclaim deed must be filed at the Bureau of Conveyances in Honolulu.

Recording System 

The Bureau of Conveyances maintains two separate systems for recording real property. When a quitclaim deed is submitted at the Bureau, it will be recorded under one of the following systems:

  1. Regular System 
    • Property recorded under the Regular System is governed under Chapter 502 of Hawaii’s Revised Statutes. 
    • Deeds under the Regular system is maintained by the registrar of conveyances
    • Quitclaim deeds recorded in the Regular System are considered to give notice that a document is part of the public record.
  2.  Land Court System.  
    • Property recorded under the Land System is governed under Chapter 16 of the Hawaii Administrative Rules, titled Rules Relating to Conveyances. 
    • Deeds in the Land Court system are handled by the assistant registrar.
    • Also known as the Torrens System, deeds recorded under the Land Court System receive a state certificate confirming the ownership of a property. 
    • Quitclaim deeds recorded in the Land Court are those registered with the State after 1900’s.
  3. Double System 
    • Quitclaim deeds may also be recorded in both the Regular System and Land Court. 
    • If the deed qualifies to be recorded in the dual or double system, it will first be recorded in the Regular System, followed by the Land Court. 

                Can You Prepare Your Own Quitclaim Deed in Hawaii?

                You can prepare your own quitclaim deed in Hawaii. A professional drafter is not legally required. 

                Hawaii Quitclaim Deed Requirements

                Formatting standards in Hawaii have been standardized through both statute and county processes, which have been uniformly adopted and standardized throughout the state.

                Formatting Requirements

                Formatting requirements for quitclaim deeds in Hawaii include:

                1. Paper size: maximum 8.5x 11 (letter).   
                2. Font: minimum size 10.
                3. Text: color must be dark and clearly reproducible.
                4. Margins: leave 3.5 inches on top of the first page for official use.
                5. Single sided print only.
                6. Page must be numbered consecutively (beginning with ‘1’).
                7. Fasten pages with a single staple on the top left.
                8. Highlighting is not allowed.

                  First Page Requirements

                  The following content is required to be on the first page of all quitclaim deeds filed in Hawaii:

                  1. The Grantor’s name and address.
                  2. The Grantee’s name and address.
                  3. Label the 3.5-inch margin as follows:
                    • The left as “Land Court”
                    • The right as “Regular System”
                  4. Return name and address (directly below the 3.5-inch margin) 
                  5. The title as “Quitclaim Deed.” 
                  6. The property’s tax map number (if available).

                      Content Requirements 

                      The remaining content requirements for quitclaim deeds in Hawaii  include: 

                      1. Grantee’s marital status.
                      2. If the Grantee is married, include the spouse’s name.
                      3. Taxpayer’s name and mailing address.
                      4. Granting clause – a statement describing the transfer the parties have agreed to.
                      5. If the transfer is made to more than one individual, 
                      6. Property address.
                      7. Property’s homestead status.
                      8. Property’s legal description.
                        • The property description must contain the proper descriptors, including metes and bounds such as section, township, and range, subdivision, each different tract, unit, or block.
                        • If a secondary document is referenced, information such as the date registered, the book, page, and registration numbers must be mentioned on the deed.

                        Who Signs a Quitclaim Deed in Hawaii?

                        For a quitclaim deed to be legally valid in Hawaii, it must be signed by the Grantor. The Grantor’s signature must be acknowledged by a notary public.

                        How to File a Quitclaim Deed in Hawaii 

                        Here’s how to file a quitclaim deed in Hawaii: 

                        1. Determine which of the three Hawaiian property recording systems the deed falls under:  
                          1. Regular System
                            1. The label will be on the top right corner.
                            2. The Document number will be as follows:
                              • Prior to 1990: Liber (book) and Page references. i.e. 12546/552
                              • From 1990 – 2011: Year followed by a document number. i.e. 1990-002230
                              • 2012 – Present: Sequential 8 digit numbers.
                          2. Land Court Document numbers:
                            1. The labels will be on the top left corner
                            2. The Document number will be a sequential series of numbers up to 7 digits preceded by the letter ‘T’.
                          3. Double System
                            1. Labels will be on both left and right corners. 
                            2. The deed will have two Document numbers, one for each system as mentioned above.
                        2. Prepare the quitclaim deed with the required information.
                        3. Conveyance Tax Certificate.
                          Based on the consideration amount and the tax due, the quitclaim deed must be accompanied by a tax conveyance certificate:

                          • For transactions qualifying to pay conveyance tax – Form P-64A
                          • For transactions that are exempt from conveyance – Form P-64B
                        4. Hawaii Residential Real Estate Disclosure.
                        5. Certificate of Good Standing.
                          • If a business entity wishes to transfer a property using a quitclaim deed, and the property is recorded under the Land Court System, a Certificate of Good Standing is necessary. 
                          • The certificate can be obtained from the Business Registration Division of the Department of Commerce and Consumer Affairs.
                        6. Once the quitclaim deed is executed, ensure the Grantor’s signature is acknowledged before a notary public. 
                        7. Once prepared, the quitclaim deed must be filed at the Bureau of Conveyances in Honolulu.

                                  How Much Does it Cost to File a Quitclaim Deed in Hawaii?

                                  In Hawaii, the charges for filing a quitclaim deed is set by the Department of Land and Natural Resources. The fee depends on where the deed is finally recorded and is as follows:

                                  Land Court:

                                  • Recording fee for deeds up to 50 pages – $36.
                                  • Recording fee for deeds 51 pages or more – $101.

                                  Regular System:

                                  • Recording fee for deeds up to 50 pages – $41.
                                  • Recording fee for deeds 51 pages or more – $106.

                                  What Taxes Are Owed on Quitclaim Deeds in Hawaii?

                                  In Hawaii, the transfer of property using a quitclaim deed triggers conveyance tax levied as follows:

                                  • Tax rates (per $100) for general property transfers based on property value:
                                    • Under $600,000: $0.10 
                                    • Between $600,000 – $1,000,000: $0.20 
                                    • Between $1,000,000 – $2,000,000: $0.30 
                                    • Between $2,000,000 – $4,000,000: $0.50 
                                    • Between $4,000,000 – $6,000,000: $0.70 
                                    • Between $6,000,000 – $10,000,000: $0.90 
                                    • Over 10,000,000: $1. 
                                    • Tax rates (per 100) for condominiums or single-family residences without homeowner’s exemption, based on property value:
                                      • Under $600,000: $0.15
                                      • Between $600,000 – $1,000,000: $0.25 
                                      • Between $1,000,000 – $2,000,000: $0.40 
                                      • Between $2,000,000 – $4,000,000: $0.60 
                                      • Between $4,000,000 – $6,000,000: $0.85 
                                      • Between $6,000,000 – $10,000,000: $1.10 
                                      • Over 10,000,000: $1.25
                                    • Many transfers that are generally filed under quitclaim deeds are exempt from Hawaii’s conveyance tax, including:
                                      • Transfers involving consideration of $100 or less.
                                      • Deeds confirming or correcting previously recorded documents.
                                      • Transfers between family members with nominal consideration.
                                      • Documents partitioning property equally among owners.
                                      • Instruments between marital partners in divorce or termination actions.

                                      Moreover, federal taxes such as Gift Tax and Capital Gains Tax may also be applicable.

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                                      How Long Does a Quitclaim Deed Take to be Recorded in Hawaii?

                                      Most quitclaim deeds submitted to the Bureau of Conveyances are processed within four to six weeks.

                                      What Happens After a Quitclaim Deed is Recorded in Hawaii?

                                      When a quitclaim deed is submitted to the county Bureau of Conveyances, it will first be examined to ensure compliance with Hawaii’s three systems: Regular, Land Court, and Dual. 

                                      Next, the document will be endorsed, indexed, scanned, and microfilmed. Hawaii deeds undergo extensive checks before being filed under the appropriate system in the state’s land records. Once completed, the original documents are returned to the customer.

                                      How Long Are Quitclaim Deeds Valid For in Hawaii? 

                                      There is no expiration for quitclaim deeds in Hawaii. However, the statute of limitations for a breach of a written contract is 6 years.

                                      Sources

                                      Quitclaim Deed Form in Other States