Hawaii Quitclaim Deed (Married Couple as Grantors)

A married couple conveying Hawaii real property can release both spouses' interests through one instrument built around a marital recital. This Hawaii Quitclaim Deed (Married Couple as Grantors) is a fillable form that names two grantors, states that they are married to each other, and remises, releases, and forever quitclaims everything both spouses hold, without any covenant or warranty of title, in the format the Hawaii Bureau of Conveyances records.

The marriage written into the deed

The grantor section is this form's defining feature. It recites two natural persons signing in their individual capacities and states that they are married to each other, and each grantor entry carries a full legal name and mailing address. That drafting tracks what Hawaii's recording desk looks for: intake practice for Land Court documents asks for the parties' full names without initials, their marital status, and the full name of a married person's spouse, so the completed example writes each grantor as the spouse of the other by name. Each spouse signs above a printed name line, and an acknowledgment certificate follows for each grantor, carrying the certificate content Hawaii's notary statute and rules prescribe. A sole owner releasing an interest, two co-owners who are not married to each other, a trustee, and an entity grantor each present a different recital and signature pattern, and this form is not set up as any of them.

Both halves of the title in one release

Hawaii spouses hold real property in more than one way: as tenants by the entirety, as joint tenants, as tenants in common, or with record title in one spouse alone. The quitclaim clause in this deed is drafted for that range. It releases all right, title, and interest the grantors hold, whether by the entirety, jointly, in common, or otherwise, so the conveyance carries the couple's whole position in the property without first re-deriving how the vesting deed left it. What the grantee receives is exactly what the grantors held at delivery, with no title assurance of any kind; a quit claim deed, as the instrument is also commonly written, trades warranty protection for a short and direct release. Parents deeding an island property to an adult child, and a couple conveying to a buyer who accepts the title as it stands, present the married-couple pattern this deed recites.

Nominal consideration and the exemption certificate

Hawaii law bars recording a conveyance until its conveyance tax is addressed, and the family transfers that commonly travel on this deed often qualify for a statutory exemption. The exemption categories on the state's Form P-64B include documents between a taxpayer and spouse, and between parent and child, where only nominal consideration passes, along with conveyances for actual and full consideration of one hundred dollars or less. A taxable transfer files a Form P-64A computing the tax on the actual and full consideration instead. Whichever certificate applies travels with the deed to the recording desk; both are Department of Taxation forms, prepared on their own and not part of this download. The included guide describes the certificate requirement, the current recording fees in each of Hawaii's two recording systems, and the stamped self-addressed envelope that accompanies a deed returned by mail.

What arrives and how it records

The deed's first page is drawn to the geometry the statewide office reads: a reserve across the top for the registrars, the return address strip below it, and entries for the tax map key, the recording system, and a Land Court certificate of title number, so one layout serves Regular System and Land Court property alike. The download delivers the blank deed as a fillable PDF, a completed example filled in for a realistic Maui fact pattern in which a husband and wife convey their Kahului parcel to their adult son and acknowledge together in a single notary session, and a plain language guide that walks through every entry, the signing and notarization rules, and recording at the Bureau of Conveyances. The materials describe the form and Hawaii recording law in general terms; they are not legal advice.