How to Transfer Property Title in Hawaii

Transferring title to real estate property in Hawaii requires more than just signing over a deed. Whether you’re gifting property to a family member, updating a trust, or selling to a third party, understanding the legal and recording requirements is essential to ensure a clean and valid title transfer.

Work with a Hawaii Real Estate Attorney for Title Transfers

At Wailea Law LLLC, we handle hundreds of property transfers each year for in and out of state clients and guide them through every step. A Hawaii-based attorney ensures the deed is properly prepared, legally valid, and recorded with the appropriate agency.

Common Types of Property Title Transfers in Hawaii

There are several common reasons to transfer title in Hawaii:

• Sale of real property

• Transfer to or from a revocable trust

• Adding or removing a spouse from title

• Gifting property to a family member

• Transfers due to divorce or estate planning

Each situation requires specific language and documentation to ensure the intent of the transfer is preserved and the recording is accepted.

The Step-by-Step Property Title Transfer Process

The typical title transfer involves:

• Review of current ownership and legal description

• Preparation of the new deed (e.g., warranty deed, quitclaim deed)

• Notarization of the grantor's signature

• Completion of required forms such as the DPP-64 or P64-A

• Submission of the deed and forms to the Bureau of Conveyances or Land Court

• Confirmation of recording and delivery of final copies

Depending on the type of transfer, additional forms or disclosures may be required, including conveyance tax certificates and trust documentation.

Understanding Hawaii’s Three Land Title Systems

Hawaii maintains three distinct systems for land title registration: the Regular System, the Land Court System, and the Dual System:

• Regular System: This is the most common and functions primarily as a notice-based system. It does not guarantee title but serves to provide public notice of transactions.

• Land Court System: Also known as the Torrens system, Land Court provides a state-guaranteed certificate of title. This system offers more certainty, but it also involves more rigid filing and review requirements.

• Dual System: Some properties fall under both systems. These transfers require compliance with both Regular and Land Court rules, including submission of documents to both recording offices.

Your attorney will determine the applicable system and ensure that all documents are submitted correctly and in compliance with Hawaii’s title laws.

Avoid Common Title Transfer Mistakes

Do-it-yourself title transfers often result in rejection by the Bureau or recording of defective deeds.

Common errors include:

• Incorrect legal descriptions

• Missing or invalid notarizations

• Use of outdated or improper forms

• Failure to disclose necessary tax information

An attorney helps you avoid these issues and ensures a valid and clean title.

Trust and Estate Property Transfers

Many clients want to move property into or out of a trust for estate planning purposes. We ensure the trust documents are valid under Hawaii law and assist with retitling the property without triggering unnecessary taxes or title defects.

Start Your Property Title Transfer the Right Way in Hawaii

At Wailea Law LLLC, we bring over 15 years of experience helping clients transfer title to Hawaii property. From straightforward deeds to complex trust transactions, we ensure the process is smooth, compliant, and complete.

Need to transfer property title in Hawaii? Contact Wailea Law LLLC today to work with an experienced real estate attorney and avoid costly mistakes.