What We Do
Deed and Record is an internet service to change Hawaiian timeshare ownership by deed and affidavit. Deeds are used to remove a spouse due to divorce, add a spouse due to marriage, add or remove a co-owner, gift or fund a trust. Affidavits are used to recognize the death of a trustee, joint tenant or tenant-in-the-entirety.
If You Are Ready To Explore Your Options and Get Started, Contact Us Now . . ."
"Excellent !! This was so seamless and easy. Thank you so much If we end up needing your services in the future we will be turning to you. Mahalo" - F
"Thank you very much for all your help. If I ever need to do something like this in the future I will definitely use you again." -- David
"I received the recorded document. Thanks for navigating waters unfamiliar to me! I will keep your cards for future needs or referrals." -- Mark
Q. Why prepare Form P-64B?
A. Conveyance tax is imposed on all transfers of ownership or interest in real property through deed unless the transfer is specifically exempted. Transfers into living trusts, transfers due to divorce and gifted timeshares are exempt. But to qualify for the exemption, Form P64B must accompany the deed when the deed is recorded.
Q. What is the difference between a quit claim deed and a warranty deed?
A. Quit claim deeds convey property "as is" and do not involve escrow and title insurance. Warranty deeds guarantee actual ownership and full disclosure of status of ownership. In transfers between spouses, former spouses and trusts it does not matter the type of deed used. For gifts the quit claim deed is used.
Q. What is the "Bureau of Conveyances?"
A. Hawaii is the only state in the nation with a single statewide recording office. There are two systems of recording in the State of Hawaii, the “Land Court” and the “Regular System.” The Regular System basically serves to give "notice" that something is on record. The Regular System is similar to recording by county found in all other states. The Land Court issues a certificate of title to the new owner. As of July 1, 2011, the Land Court will not accept any document affecting timeshare ownership. All timeshares deeds are recorded in the Regular System with the Bureau of Conveyances.
Deed and Record offers two ways to communicate with you: by email or by phone.
The internet has many options to sell Hawaiian timeshares, but has limited options to change ownership or title due to death, divorce, gifts or trust funding. DeedAndRecord.com is an independent service for deeds to change ownership and title in the growing ownership of timeshares in Hawaii.
Deeds are prepared in format and manner required by Hawaiian law, including legal description, demarcation and interval control number. “Deeds” include quit claim deeds, warranty deeds, inter-spousal deeds and vacation interval deeds. Deeds are recorded electronically and returned to the customer by email. The customer provides a copy of the recorded deed to the Vacation Resort Club to update their records.
An affidavit is a statement in writing, sworn before a notary that notifies the State of Hawaii the death of a timeshare owner. The affidavit also identifies either the surviving owner or the successor trustee who has the authority to sell or change ownership of the timeshare. Affidavits are recorded electronically and provided to the customer by email.
Divorce and Dissolution of Marriage
In divorces and dissolution of marriage, a timeshare in Hawaii is awarded to one spouse. Until the non-owning spouse is removed as owner, he or she remains liable for property taxes and maintenance fees and has access to the timeshare. If title remains in tenancy-in-the-entirety the ex-spouse will automatically inherit the timeshare on the death of the timeshare owner.
To remove a former spouse, the former spouse signs a deed conveying his or her interest to the owning spouse. This deed is often referred to as an inter-spousal deed.
A newlywed wants to add his or her new spouse as owner of the timeshare. To add the spouse a deed must be prepared granting joint ownership to the new spouse. The deed is signed by the owning spouse and recorded with the Bureau of Conveyances.
Husband and wife take title as tenants-in-the-entirety. On the death of the first spouse, the surviving spouse becomes the sole owner by filing an affidavit of death with the Bureau of Conveyances. After the affidavit is filed, the surviving spouse has full control to sell or transfer ownership of the timeshare.
Timeshares are often overlooked in funding of living trusts. A trust is created. But if title ownership is not changed to the trust, the timeshare will require probate. A deed transferring ownership from the individual to the individual’s trust avoids probate and court supervision.
On the death of the Trust’s trustee the successor trustee files an affidavit death of trustee and a deed. The affidavit notifies the Bureau the trustee has died and who is the successor trustee. The successor trustee signs a deed to transfer ownership from the trust to the beneficiary identified in the trust. The beneficiary becomes the owner of timeshare.
As an alternate to trusts some timeshare owners add a child or relative as a joint tenant owner. In joint tenancy the deceased owner’s interest disappears by operation of law. The surviving joint tenant becomes the sole owner. The document to record the death is an “affidavit death of joint tenant.”
Timeshare owners who can no longer use the timeshare still incur maintenance fees. The resale market for timeshares is not robust. To avoid ongoing resort an owner should consider selling the timeshare for nominal value or gifting the timeshare. The cost of formal escrow may be avoided by quit claiming the timeshare.
In a “quit claim” the owner conveys ownership “as is” with no promises of the condition of the timeshare. The new owner is willing to accept a quit claim because he or she has not paid anything of real value and has little or no risk in the transfer of ownership.
Title, ownership change to remove a spouse due to divorce, add spouse due to marriage, add or remove a co-owner, to gift and to fund trusts is provided by Deed and Record. Service now includes next day electronic filing of Hawaiian timeshares in vacation resorts and clubs. For more information call 949-474-0961 or email Mark@DeedandRecord.com.
Most timeshare units are divided into one week timeshares. There are 10,201 timeshares. Assuming each timeshare unit has 50 timeshare owners, the math implies today there are about 500,000 individual owners of Hawaiian timeshares.
Islands with resorts
We provide service for the following Resorts in Hawaii