Hawaii Quitclaim Deed

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What Is a Hawaii Quitclaim Deed?

An Hawaii quitclaim deed is a legal document used to transfer whatever ownership interest a person (the grantor) currently holds in a property to another party (the grantee), without providing any guarantees about the title's history. It makes no promises that the property is free of liens, mortgages, or other encumbrances. The grantee accepts the property entirely "as is" regarding the title status.

When to Use a Quitclaim Deed in Hawaii

  • Transferring property between close family members, such as from parents to children.
  • Adding or removing a spouse's name from the property title following marriage or divorce.
  • Moving personal real estate into a living trust or a closely held LLC.
  • Clearing up a minor title defect or ambiguity discovered in the public records.

Hawaii Requirements for Quitclaim Deeds

  • Signing: The grantor(s) must sign the deed.
  • Notarization: The grantor's signature must be acknowledged by a notary public.
  • Witnesses: 0 witnesses are required by Hawaii law.
  • Recording: The deed must be filed with the Bureau of Conveyances in the county or jurisdiction where the land is located.
  • Transfer Tax / Recording Fees: Conveyance tax (0.1-1%+ based on price and use). Condominium property regime common.
  • Legal Description: A complete and accurate legal description of the property is mandatory.

Quitclaim Deed vs Other Deeds in Hawaii

The primary difference is the level of title protection. An Hawaii warranty deed or grant deed includes promises from the seller that the title is clear and defendable. A quitclaim deed provides zero warranties, leaving the new owner responsible for any historical title issues.

Frequently Asked Questions

What is the Hawaii conveyance tax on quitclaim deeds?

Hawaii imposes a conveyance tax based on the property's sale price and intended use. The rate ranges from 0.1% for affordable housing to 1% or more for high-value properties over $2 million. Condominiums and residential properties under $600,000 are taxed at $0.10 per $100. For quitclaim deeds with no consideration, the tax is typically based on the fair market value or the outstanding mortgage balance.

Do I need to file a quitclaim deed with the Hawaii Bureau of Conveyances?

Yes. All Hawaii deeds must be recorded with either the Bureau of Conveyances (for properties on Oahu, Hawaii, Kauai, Maui, Molokai, or Lanai) or the Land Court, depending on whether the property is in a Land Court or Regular System district. Many properties in Hawaii are in the Land Court system, which has stricter requirements for legal descriptions and survey maps.

Where do I record a Hawaii quitclaim deed?

You must take the original, notarized deed to the Bureau of Conveyances in the jurisdiction where the property is physically located and pay the required recording fee.

Does a quitclaim deed transfer my mortgage in Hawaii?

No, a deed only transfers the property title. It does not eliminate your financial obligation to pay an existing mortgage. You remain responsible for the loan unless the lender explicitly agrees to a refinance or assumption.

Are there transfer taxes on a Hawaii quitclaim deed?

Conveyance tax (0.1-1%+ based on price and use). Additional local recording fees also apply when filing the deed.

Can I write my own quitclaim deed in Hawaii?

Yes, you can draft your own deed as long as it strictly adheres to Hawaii's legal requirements for formatting, legal description, and notarization.