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OpenDocumentA Hawaii quit claim deed is a real estate conveyance instrument that, once signed by the grantor (transferor), transfers a property title to a new owner (the grantee) without warranty of the title’s quality. Unlike a general warranty deed, the buyer is given no assurances that the property title is without liens or encumbrances or that the grantor is a rightful owner thereof. As this property transfer offers the least amount of protection to the grantee, it is often used for non-sale conveyances, often between family members and new or former spouses. Another valuable function of the quit claim deed is to quickly clear up any title defects, such as a misspelled name on the initial deed.
- Statutes:
- Formatting: §§ 502-31(e), § 502-33(b), § 501-105, Hawaii Land Court Rule 58(3), Hawaii Land Court Rule 67
- Signing Requirements (§ 502-41): Notary Public
- Where to Record: Hawaii Bureau of Conveyances
- Recording Fees (Bureau of Conveyances “Recording Fees” ):
- Land Court: $36 up to fifty (50) pages, $101.00 for documents exceeding fifty (50) pages.
- Regular System: $41 up to fifty (50) pages, or $106.00 for documents fifty-one (51) pages or more.
- Forms:
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- Conveyance Tax Certificate (Form P-64A): Must be filed with each deed unless one of the exemptions stated in §§ 247-3(1- 17) applies.
- Conveyance Tax Exemption (Form P-64B): Should be filed if exempt under §§ 247-3(1- 17).
- Department of Taxation Instructions for Form P-64A & Form P-64B
- Residential Property Disclosure Statement (§ 508D-5): Property owners must fill out this document which details important information about their property and provide it to anyone that intends to purchase it.
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