Fill and Sign the Special Warranty Deed Individual to Husband and Wife Hawaii Form

© 2011 US Legal Forms, Inc.       Hawaii Special Warranty Deed [Individual To Husband And Wife] Control Number: HI-029-78 I. TIPS ON COMPLETING THE FORMS The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner. II. DESIGNATING HOW THE GRANTEES WILL HOLD THE PROPERTY: A. In the State of Hawaii, real property can be held by more than one person (concurrent estates) in the following ways: 1. If the Grantees ARE NOT married to each other, they can hold the property as: a. Tenants in Common: a type of concurrent estate in which each party owns an undivided interest in the property that will pass to their heirs when the tenant in common dies. Generally their shares are “equal” but may differ in size. b. Joint Tenants with the Right of Survivorship ( JTWROS) : is a type of concurrent estate in which co-owners have a right of survivorship , meaning that if one owner dies, that owner's interest in the property will pass to the surviving owner or owners by operation of law, and avoiding probate. 2. If the Grantees ARE married to each other, they can hold the property as: a. Tenants in Common – See above b. Joint Tenants with the Right of Survivorship – See above c. Tenants by the Entirety - a type of concurrent estate formerly available only to married couples, where ownership of property is treated as though the couple were a single legal person. Like a JTWROS, the tenancy by the entirety also encompasses a right of survivorship, so if one spouse dies, the entire interest in the property passes to the surviving spouse, without going through probate. 3. In the attached deed, the preparer will need to indicate how the Grantees will hold the property: as Tenants in Common; Joint Tenants with Right of Survivorship; or, Tenants by the Entirety. B. For additional information on the above see the definitions at: http://lawdigest.uslegal.com/ C. For example: “. . . as Tenants in Common , . . .” D. Indicating in the deed, how the Grantees will hold the property: “. . . as tenants in common , hereinafter. . .” III. 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LAND COURT SYSTEM REGULAR SYSTEM _____________________________________________________________________________________ Return by: MAIL ( ) PICKUP ( ) TO:                   THIS DOCUMENT CONTAINS       PAGES SPECIAL WARRANTY DEED (Individual to Husband and Wife) GRANTOR:       Address:             GRANTEES:       Address:                   Address:             _____________________________________________________________________________________ Parcel ID (Tax Map Key) No. ________________________ Special Warranty Deed Page 1 of 3 KNOW ALL MEN BY THESE PRESENTS THAT: Grantor:       , hereby grants, bargains, sells and conveys unto Grantees:       , and       , husband and wife, as       , the following lands and property, together with all improvements located thereon, lying in the County of ______________________ , State of Hawaii, to-wit: See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full Legal Description:       SUBJECT TO: 1. Current taxes, assessments, reservations in patents and all easements, rights of way, encumbrances, liens, covenants, conditions and restrictions as may appear of record. 2.       TOGETHER WITH ALL the reversions, rents, profits and issues thereof and all of the estate, right, title and interest of the Grantors, both at law and in equity, therein and thereto; TO HAVE TO HOLD the same, together with all buildings, improvements, rights, easements, privileges and appurtenances thereon and thereunto belonging or appertaining or held and enjoyed therewith, unto Grantees according to the tenancy hereinafter set forth, forever. GRANTOR does hereby covenant with the Grantees that the Grantor is seised of the property herein described in fee simple; that said property is free and clear of and from all liens and encumbrances, except for the lien of real property taxes not yet by law required to be paid, and except as may herein specifically Special Warranty Deed Page 2 of 3 be set forth; that the Grantor has good right to sell and convey said property, as aforesaid; and that Grantor will only warrant and forever defend the right and title to the above described property unto the said Grantees against the claims of those persons claiming by, through or under Grantor, but not otherwise. The rights and obligations of the Grantor and the Grantees shall be binding upon and inure to the benefit of their respective heirs, devisees, personal representatives, successors and assigns. IN WITNESS WHEREOF, the Grantor has executed this Special Warranty Deed on this the ______ day of __________________ , 20 ______ . Signature of Grantor       Type or Print Name STATE OF __________________ COUNTY OF __________________ On this ________ day of _____________________ , 20 ________ , before me personally appeared _____________________________________ , to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. ______________________________ Notary Public Printed Name: _____________________ My Commission Expires: _____________________ Special Warranty Deed Page 3 of 3 EXHIBIT A Grantor       Grantees             Legal Description:       Warranty Deed Exhibit A