Hawaii Deed Forms & Templates (Free) [Word, PDF, ODT]

A deed is a document that transfers an ownership interest in real property from one owner, group of owners, or entity to another. Different Hawaii deed forms are used for different types of transactions. These are the most commonly used deed forms in Hawaii.

Contents hide

1 Hawaii General Warranty Deed

2 Hawaii Quit Claim Deed

3 Hawaii Special Warranty Deed

4 Hawaii Deed of Trust

5 FAQs

Hawaii General Warranty Deed

In Hawaii, a warranty deed, sometimes called a general warranty deed, transfers a clear and complete title to property from a grantor to a grantee. The grantor guarantees that their ownership of the property is clean and unencumbered, except as expressly noted.

Word ODT PDF

A warranty deed also guarantees that any encumbrances by any prior owners have also been cleared. If it turns out in the future that the grantor’s title was not clear, they are responsible for the costs of resolving any title issues for the grantee.

Hawaii Quit Claim Deed

A Hawaii quitclaim deed transfers a grantor’s entire ownership interest to a grantee. However, unlike a general warranty deed, a quitclaim deed makes no guarantees that the grantor’s title is clear and unencumbered.

Word ODT PDF

Quitclaim deeds are rarely used between buyers and sellers of property because they offer no protection to buyers. The most common uses for quitclaim deeds are transfers between family members, between spouses due to divorce, or gifts.

Hawaii Special Warranty Deed

A special warranty deed offers more protections for the grantee than a quitclaim deed but a more limited scope of protection than a general warranty deed. Under a Hawaii special warranty deed, the grantor guarantees that there are no encumbrances on the property that they have caused.

Word ODT PDF

However, a special warranty deed does not make any guarantees as to whether prior owners received or granted a clean title. There may still be title defects from prior transfers that the grantor is not required to disclose or even be aware of.

Hawaii Deed of Trust

A deed of trust operates similarly to a mortgage. Like a mortgage, a Hawaii deed of trust gives a borrower’s ownership interest to a lender (known as the “trustee”) as security for a loan. If the borrower defaults on the loan, the deed of trust allows the lender to sell the property to collect on the debt without a court order.

Word ODT PDF

FAQs

Here are a few frequently asked questions about Hawaii property deeds.

If you purchased or were gifted your property, you should have received a certified copy of your deed when the prior owner transferred it to you. However, if your deed has been lost or destroyed, you can obtain a new copy from the Hawaii Bureau of Conveyances.

You can download documents from 1992 or later for a fee of $1 per page from their website. Older documents, or documents less than 60 days old, must be obtained in person or printed and mailed.

The cost to transfer a deed in Hawaii is a conveyance tax based on the total consideration (usually the purchase price) of the property. The exact tax rate varies based on the actual value of the property.

You can find forms and instructions for calculating the conveyance tax on Hawaii’s tax website.