Hawaii - Hawaii County Quit Claim Deed Form

All Hawaii County specific forms listed below are included in your immediate download:

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*Hawaii and Hawaii County supplemental forms are included as a courtesy with your order.

Frequently Asked Questions:

• How long does it take to get my forms?
  • Forms are available immediately after submitting payment.
• What are supplemental forms?
  • Often when a deed is recorded additional documents are required by the state or local jurisdiction. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
• How do I get my forms, are they emailed?
  • After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
• What type of files are the forms?
  • All of our forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
• Can the forms be re-used?
  • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
• Are these forms guaranteed to be recordable in Hawaii County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Hawaii County including margin requirements, content requirements, font and font size requirements.
• Do I have to enter all of my property information online?
  • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
• Can I save the completed form, email it to someone?
  • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
• Do I need any special software to use these forms?
  • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
• Are there any recurring fees involved?
  • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Quit Claim Deed Forms:

• Hawaii County

Including:

• Captain Cook
• Hakalau
• Hawaii National Park
• Hawi
• Hilo
• Holualoa
• Honaunau
• Honokaa
• Honomu
• Kailua Kona
• Kamuela
• Kapaau
• Keaau
• Kealakekua
• Keauhou
• Kurtistown
• Laupahoehoe
• Mountain View
• Naalehu
• Ninole
• Ocean View
• Ookala
• Paauilo
• Pahala
• Pahoa
• Papaaloa
• Papaikou
• Pepeekeo
• Volcano
• Waikoloa

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What is the Hawaii Quit Claim Deed?

A quitclaim deed is a legal document used to transfer, or convey, rights in real property from a grantor (seller) to a grantee (buyer). In this type of deed, the grantor does not warrant that he or she owns the property; the grantor is only transferring the property. As there is no guarantee of a clear title, quitclaim deeds provide very little protection for grantees. Once acknowledged or proved and certified as provided, record the deed with the Bureau of Conveyances (BOC) office where the property is located.

Hawaii maintains two separate systems for recording: Land Court (Torrens) and Regular System. The BOC processes documents for both Land Court and Regular System. Check the prior deed to determine which system to record in. A label appearing in the upper left-hand corner signifies recording in the Land Court system; a label in the upper right-hand corner signifies recording in the Regular System. If both sides contain labels, the deed is dual-system recorded. Make sure to record in the correct system, and consult the BOC or an attorney with any questions. Registered land, and the ownership thereof, is subject to the same burdens and incidents that are attached to unregistered land (HRS 501-81).

Every conveyance that is not recorded is void as against any subsequent purchaser, lessee, or mortgagee in good faith and for a valuable consideration, not having actual notice of the same real estate or portion thereof, or interest therein, whose conveyance is first duly recorded (HRS 502-83).

Quitclaim deeds must include the grantor's full name and marital status, as well as the grantee's full name, marital status, mailing address, and vesting. Vesting describes how the grantee holds title to the property. For Hawaii residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by the entirety. An estate conveyed to two or more people, including spouses, is considered a tenancy in common, unless the conveying instrument explicitly expresses otherwise (HRS 509-1).

A lawful quitclaim deed must also be signed by the grantor and must have an acknowledgement endorsed on it or attached to it in the form provided or authorized by sections HRS 502-42 or HRS 502-45 (HRS 502-41). Acknowledgements can be made in Hawaii or in another state. Consult the State of Hawaii Department of Land & Natural Resources Bureau of Conveyances for a checklist of requirements before submitting the deed for recording.

Pursuant to HRS 18:247-1, documents conveying real property are subject to a documentary transfer tax. All documents subject to transfer tax must be accompanied by Form P-64A (HRS 18:247-6(a)). All documents exempt from transfer tax must be accompanied by Form P-64B (HRS 18:247-6(b)). See HRS 18:247-3 for a list of documents exempt from the tax.

This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact a lawyer with questions about quitclaim deeds or for any other issues related to the transfer of real property in Hawaii.

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