A Hawaii (HI) quitclaim deed allows a property’s owner (grantor) to quickly transfer ownership of a property to another party (grantee), without any sort of guarantee of ownership or title discovery process. This is a type of deed transfer often used to move property between family members or other trusted parties.
A quitclaim deed is different from a warranty deed. The Hawaii quitclaim deed does not guarantee the title or ownership. A warranty deed does provide this type of guarantee. Sometimes people will mistakenly call the quitclaim deed a “Hawaii quit claim deed,” “Hawaii quick claim deed,” or “Hawaii quit claims deed,” but all of these are the same type of deed with no guarantee.
Important Laws & Requirements
- Laws: § 502-41 and Title 28 §502
- Filing: Hawaii quitclaim deeds are filed either with the Hawaii Land Court or the Hawaii County Clerk, in the county where the property resides.
- Filing Fees: The state of Hawaii charges a recording fee based on the number of pages. If the document is 50 pages or less, it is $36 to record it.
- Signing: Per § 502-41 quitclaim deeds in Hawaii must be signed with the grantor in the presence of a notary public.
How to Write & File a Quitclaim Deed in Hawaii
Step 1: Find and download the appropriate form for the Hawaii quitclaim deed.
Step 2: Enter the data for the person who prepares the form. This will include their name and mailing address. This is written on the top left-hand corner of the page.
Step 3: Add the return address under the preparer’s information. This will be the address where the finished forms will be mailed. Typically this is the grantee’s information.
Step 4: List the county where the property is after the heading “State of Hawaii.”
Step 5: State the amount being paid for the property for the conveyance. After “in consideration of the sum of” write the amount in words. Then, write it in numbers.
Step 6: Write the grantor’s name after “paid to,” and write “grantor” after the name. Then write the address, county, city, and state where the grantor lives.
Step 7: Write the person receiving the property in the next blank after “quitclaims to,” followed by the word “grantee.” Then write the grantee’s address, with county, city, and state.
Step 8: Record the county where the property is located again in the space before the word County, Hawaii, to-wit.”
Step 9: Record the legal description of the property, including its address. If you need additional space, you can add an attachment to the deed.
Step 10: Have the grantor sign the document in the presence of a notary, then print their name and address below the signature.
Step 11: Have the notary notarize the form.