How to Transfer Property After Divorce in Hawaii

Hawaii's Dual Recording System

Transferring property after divorce is more complicated in Hawaii than in any other state, and the reason is the dual recording system. Every parcel of real property in Hawaii is registered under one of two systems — or occasionally both — managed by the Bureau of Conveyances (BOC). The system your property falls under determines the exact process, documents, and fees you need.

Before you draft any transfer documents, check your title. Your original deed, title insurance policy, or a title search through the BOC will tell you whether your parcel is Regular System, Land Court, or dual-registered.

Regular System Transfers

The Regular System is Hawaii's older recording framework, dating back to 1859. It works on a "race-notice" principle — recording a deed provides public notice of the transaction, but the BOC doesn't issue a Certificate of Title or guarantee ownership. Title insurance protects against defects.

What you need:

1. Quitclaim deed. The spouse releasing their interest in the property signs a quitclaim deed transferring their share to the spouse keeping the property. The deed must include the legal description of the parcel, the names of both parties, and a reference to the divorce decree.

2. Form P-64B (Exemption from Conveyance Tax). Hawaii imposes a state conveyance tax on property transfers, but divorce-related transfers are exempt under HRS § 247-3(12). Complete Form P-64B, check the exemption box in Part IV that references transfers between marital partners pursuant to a divorce decree, and sign in dark ink.

3. Recording at the Bureau of Conveyances. Clip (don't staple) the Form P-64B to the quitclaim deed and submit both to the BOC. The recording fee is $41.00 for documents of 50 pages or fewer. If you submit the deed without a properly executed P-64B, the BOC will either reject the deed or assess the full conveyance tax.

Processing timeline: Regular System recordings typically take 10 to 15 business days.

Land Court Transfers

The Land Court System is a Torrens registration system established in 1903. It provides a state-guaranteed Certificate of Title (officially called a Transfer Certificate of Title, or TCT) — the definitive legal record of ownership. Every conveyance, mortgage, easement, or change in ownership must be noted as a "memorial" on the TCT.

The extra step you can't skip: The Land Court Assistant Registrar will reject a standard quitclaim deed if the grantor's name, marital status, or ownership structure on the deed doesn't match what's on the active TCT. A divorce changes marital status, which means you must first clean the certificate before you can transfer.

What you need:

1. Petition to Note Divorce. File a formal Petition to Note Divorce under HRS § 501-196 with the Land and Tax Appeal Court at 777 Punchbowl Street, Honolulu, HI 96813. Include:

   • The original signed petition
   • Two complete copies
   • An original certified copy of the divorce decree
   • Three self-addressed stamped envelopes
   • $50.00 filing fee plus $10.00 for each exhibit attached

2. Land Court order. Once the Land Court Judge approves the petition, you receive a signed order that amends the TCT to reflect your post-divorce status.

3. Record the order with the BOC Land Court Branch. The recording fee is $36.00 for documents of 50 pages or fewer.

4. Then record the quitclaim deed (with Form P-64B) through the Land Court Branch. Same process as Regular System, but through the Land Court window.

Dual System Properties

Some older parcels are registered in both systems simultaneously. For these properties, the quitclaim deed must satisfy the formatting rules of both systems and be recorded in both the Regular System and the Land Court. You'll pay both recording fees: $41.00 (Regular) + $36.00 (Land Court) = $77.00 total.

What If Your Ex Won't Sign the Deed?

If the divorce decree orders your ex-spouse to execute a quitclaim deed and they refuse, you have a procedural remedy. Under Hawaii Family Court Rules (HFCR) Rule 70(a), if a party fails to comply with a court-ordered transfer within the specified timeframe, the court can direct the Chief Clerk of the First Circuit to sign the transfer documents on behalf of the non-compliant party.

You'll need to file a Motion for Post-Decree Relief with the Family Court that handled your divorce, providing evidence of the decree's requirements and your ex-spouse's refusal.

Don't Forget Refinancing

If the property has a mortgage and you're the spouse keeping it, the lender still holds both spouses liable on the original note — a quitclaim deed transfers ownership but doesn't release the departing spouse from the mortgage. You'll need to refinance into your name alone to accomplish that. Contact your lender early, because refinancing qualification requirements (income, credit, appraisal) can extend the timeline by 30 to 60 days.

The Hawaii After-Divorce Checklist includes a property transfer worksheet that walks through both recording systems, the Form P-64B execution, and the refinancing timeline.

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