Hawaii Quitclaim Deed (Short Form)
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How to fill out Quitclaim Deed (Short Form)?
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FAQ
A quitclaim deed does not make any promises that the seller owns the property or has clear title to it. A quitclaim deed only passes the interest in the property that the seller actually has, without any guarantee. The seller is not responsible to the buyer for a defect in the title.
If you will hold title with others, you will have three options to choose from: Tenants in Common, Joint Tenants, and Tenants by the Entirety. We'll expand on each one, as each one deals differently with how your property is transferred upon your death.
A quitclaim allows a person to transfer property to another person with a simple deed. The basic idea is that all the rights and claims of being a property owner are relinquished and legally turned over to someone else.
? Quitclaim deed must be written and signed by grantor before a notary public. ? Must include legal description, property address, county, date, grantor and grantee names, and transfer amount (if any). ? File the quitclaim deed with the County Clerk or City Registrar.
The way a quitclaim deed works is that this type of transfer makes no seller guarantees. It merely states that the seller transfers any ownership interest to the buyer. So if the seller has absolutely no ownership interest in the property, that's precisely what transfers in a quitclaim deed to any buyer.
A Quitclaim Deed transfers whatever interest the Grantor may have in the property. It makes no guarantees, whatsoever. For example, anyone could Quitclaim their interest in any property whether they owned it or not.
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.
A quitclaim deed to real estate may be substantially the same as a warranty deed, with the word "quitclaim" inserted in connection with the words "do hereby grant, bargain, sell and convey," as follows: "Do hereby quitclaim, grant, bargain, sell and convey," and by omitting the words, "and warrant the title to the same ...
1. the release or relinquishment of a claim, action, right, or title. 2. a deed or other legal paper in which a person relinquishes to another a claim or title to some property or right without guaranteeing or warranting such title.
A: A new deed needs to be prepared that will convey the existing interest to the new title holders referencing the new tenancy. The BOC recommends working with an attorney or title company to ensure the documents are properly prepared and to address possible legal and tax issues due to tenancy changes.
