Hawaii Divorce With a House — Your Options (2026)

Real property in Hawaii is often extremely valuable. The Settlement Agreement controls how it is divided.

Is the Property Marital or Separate?

Purchased during marriage with marital funds: Marital property — subject to equitable distribution.

Owned before the marriage: Separate property — BUT marital mortgage payments create marital equity that should be addressed.

Inherited or gifted to one spouse: Separate property — document carefully.

Option 1 — One Spouse Keeps the Property

Settlement Agreement must include:

• Full property address and TMK (Tax Map Key) number
• Agreed fair market value (appraisal recommended — Hawaii property values fluctuate significantly)
• Mortgage balance; marital equity calculation
• Each spouse's equitable share of marital equity
• Buyout: Keeping spouse pays or offsets the other's equitable share
• Mandatory refinancing deadline: Keeping spouse must refinance into sole name within [X] days
• Fallback provision: If refinancing fails, property listed for sale
• Quitclaim Deed from vacating spouse to keeping spouse

Recording the Deed in Hawaii — Bureau of Conveyances

Hawaii uses a state-level Bureau of Conveyances — not county recorders.

1. Prepare a Quitclaim Deed (or Warranty Deed)
2. Execute and notarize
3. Record at: Hawaii Bureau of Conveyances — dlnr.hawaii.gov/boc
4. Fee: ~$25–$35 per instrument
5. The Bureau maintains all real property records for the entire state — this is unique to Hawaii

Note: Hawaii also has a Land Court system for Torrens-title properties. Check whether your property is registered in Land Court. Land Court properties require a different recording process.

Option 2 — Sell and Split the Proceeds

Settlement Agreement must include:

• Net proceeds split percentage (equitable share of marital equity)
• Timeline for listing after Divorce Decree
• Agent selection
• Occupancy and carrying costs during listing
• Price reduction authorization
• Minimum acceptable price
• Capital gains considerations (Hawaii does not fully mirror the federal exclusion)

Option 3 — Deferred Sale (With Children)

Settlement Agreement must include:

• Triggering event (youngest child turns 18, or specific date)
• Occupying parent responsible for all carrying costs
• Non-occupying spouse's equity protection
• Capital improvement approval
• Sale process at trigger

Land Court vs. Regular System

Hawaii has a dual recording system:

• Bureau of Conveyances (Regular System): Standard deed recording
• Land Court: Torrens-title properties — different forms and process

Confirm which system applies to your property before recording.

Last reviewed: March 2026 | Equitable distribution — not automatic 50/50 | Hawaii Bureau of Conveyances — STATE-LEVEL deed recording | Land Court system for some properties | TMK number in deed | Refinancing deadline essential | Appraisal recommended in volatile Hawaii market | courts.state.hi.us/self-help

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.