Q: How does an owner transfer the title to a property?

​A: The required steps are as follows:

• We would draft a deed (if the property is fee simple) or assignment of lease (if the property is leasehold) that describes the property being transferred and the tenancy by which the new owner will hold title.

• The deed or assignment of lease must be signed (in black ink) by the current owner and the new owner before a notary public.

• The deed or assignment of lease must be recorded in the State of Hawaii Bureau of Conveyances or Land Court.

• A Conveyance Tax Certificate must be filed and any tax due must be paid.

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​Q: What information do you need to prepare a deed or assignment of lease? ​

A: Generally, we need the following:

• The current owner’s title policy, a title report for the property, or a copy of the current recorded conveyance or transfer document. If an owner does not have any of the foregoing, we can obtain a copy of the current recorded conveyance or transfer document for a nominal charge.

• The full legal name(s) and address(es) of the new owner. If a new owner is an individual, we will also need such owner’s marital status.

• The tenancy by which the new owner wishes to hold title.

• The amount, if any, that the new owner is paying to obtain the property.

• If the transfer of the property will occur through an escrow company, the contact information of the escrow officer and the sales contract setting forth the terms of the transfer.

• If the property is to be conveyed subject to a mortgage, a copy of the mortgage and whether the mortgage is to be assumed.

• If the property is leasehold, the name and contact information of the lessor so we can obtain consent or provide notice. (Normally, the lessor requires a payment for its consent.)

 

Q: What is the difference between a quitclaim deed and a warranty deed?

A: In a quitclaim deed the owner transferring the property conveys whatever interest the owner may
have in the property without giving any warranty that the interest being transferred is marketable title.
In a warranty deed the owner transferring the property gives a warranty or guaranty that the interest
being transferred is marketable title. This same distinction applies to other types of conveyance or
transfer documents, such as assignments of lease.

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Q: What do I need to do if the owner shown on the current recorded deed or assignment of lease is not accurate? For example, if a current recorded deed shows a husband and wife as the owner and the husband has died.
A: The answer depends on in which Recording System the property is registered. Hawaii has two
Recording Systems: Regular System and Land Court.
 

If a property is Regular System and the owner shown on the current recorded deed or assignment of
lease is not accurate, you may not be required to update the deed or assignment of lease.
 

If a property is Land Court and the owner shown on the current deed or assignment of lease is not
accurate, you will be required to file a Petition to the Land Court to note the change on the property’s
Certificate of Title.
 

Note that the foregoing does not take into account any required probate.