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A Hawaii quitclaim deed is a legal document that transfers the interest in a piece of real estate from the seller (the Grantor) to the buyer (Grantee). Differing from a warranty deed, which provides a warranty or guarantees that the real property has a clear title, a quitclaim deed only guarantees that the Grantor will not return at a later date to claim interest on the property. A quitclaim deed is sometimes used to transfer property between family members or in a divorce settlement. Regardless, a title search of public records should always be conducted when buying or transferring a property.
Suppose you instead want the type of deed that transfers property to a new owner guaranteeing that it is free of encumbrances. In that case, you should instead consider a general warranty deed or a special warranty deed. If you have questions about what type of property deed you should use, you should consult with a real estate attorney for legal advice.
Hawaii quitclaim deed laws are codified at Title 28, Chapter 502 of the Hawaii Revised Statutes.
The Grantor must sign the Hawaii quitclaim deed in the presence of a Notary Public (§ 502-41). Once the quitclaim deed is signed and notarized, it must be filed with the Bureau of Conveyance along with the proper filing fees.
Here is a tool to help you estimate the cost of your recording fees in the state of Hawaii.
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To write a Hawaii quitclaim deed form, you will need to provide the following information:
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Once the quitclaim deed has been signed and notarized, you must file it in the Hawaii Land Court system or Hawaii County Registrar where the property is located.
You will have to pay a recording fee. Consult the Hawaii Bureau of Conveyances website for the most updated fee information.
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