Detailed Answer
Disclaimer: This is general information and not legal advice. For a definitive determination you should consult a licensed Hawaii attorney or a title professional.
How ownership percentages are recorded in Hawaii and why that matters
Ownership percentages in real property are established by the recorded deed or other recorded title instrument (for example, a trust deed or a court decree). In Hawaii, the official records that show who owns real property and how the ownership interest was created are maintained through the State’s recording system (the Bureau of Conveyances for most islands and the Land Court for properties in the Land Court system). You confirm percentages by locating and reading the controlling recorded instruments and, if needed, by getting a professional title report or legal opinion.
Step-by-step: How to confirm your percentage of ownership
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Find the recorded deed or title document.
Ask your parents (or their lawyer/trustee) for a copy of the deed, trust, or other documents showing how title is held. If they cannot provide copies, search public records through the Hawaii Bureau of Conveyances (official website: https://cca.hawaii.gov/boc/) or the Hawaii Land Court (if the property is in the Land Court). The recorded deed typically states whether owners hold title as tenants in common, joint tenants with right of survivorship, tenants by the entirety (for married couples in some circumstances), or in a trust.
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Read the deed language carefully.
Look for words such as “as tenants in common,” “as joint tenants with right of survivorship,” or specific allocations like “60% to A and 40% to B.” If the deed specifies percentages, those percentages are usually controlling. If the deed simply names multiple owners without percentages and creates a tenancy in common, courts ordinarily presume equal shares—but you should verify for Hawaii-specific rules with counsel or title counsel.
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Check for other title-affecting documents.
Ownership may also be affected by:
- Recorded transfers or assignments after the deed (look for subsequent conveyances or quitclaim deeds).
- Recorded trust instruments if the property was transferred to or held in a living trust.
- Probate orders or court decrees (if an owner died and the estate case changed title).
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Obtain an official copy or an abstract/title report.
Order a certified copy of the recorded deed from the Bureau of Conveyances or a title report from a title company. A title report or commitment will identify the chain of title, any recorded interests (liens, mortgages), and the recorded ownership language that defines shares.
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When recorded documents don’t state percentages.
If the controlling recorded instrument does not set out specific percentages, use these guidelines:
- If title is to two or more people as “tenants in common” and no shares are specified, a common legal presumption (applied in many jurisdictions) is equal shares. Confirm whether Hawaii law follows that presumption by checking recorded statutes or consulting a lawyer.
- If title is as “joint tenants” or “joint tenancy with right of survivorship,” the owners generally have equal, undivided interests and the right of survivorship, which affects inheritance but not the immediate allocation of sale proceeds while all owners are alive.
- If the property is held in a trust, the trust document controls distribution and percentages; a trustee must provide information to beneficiaries about trust property.
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If you suspect a discrepancy or a dispute.
If recorded instruments are ambiguous, missing, or contradict what family members say, you can:
- Hire a licensed Hawaii attorney (real property or probate) to interpret the records and advise next steps.
- Ask a title company to run a full title search and produce a title commitment.
- In cases of competing claims, consider court remedies such as a quiet title action or partition action to have a judge determine ownership shares and order sale division.
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Confirm how sale proceeds would be split.
When the property is sold, the deed and any other recorded documents and court or trust orders determine how sale proceeds are divided. If the deed specifies 60%/40%, the sale proceeds (after liens and costs) are typically distributed in that ratio. If shares are uncertain, the seller (title company, closing agent, or court) may require a legal resolution before distributing funds.
Useful Hawaii government resources
- Hawaii Bureau of Conveyances (search recorded deeds and documents): https://cca.hawaii.gov/boc/
- Hawaii Revised Statutes (full text of state law; use the search to find statutes on recording, conveyance, probate, and other topics): https://www.capitol.hawaii.gov/hrscurrent/
- Hawaii State Judiciary (information about probate, court actions, and forms): https://www.courts.state.hi.us/
Hypothetical example to illustrate the process
Suppose the recorded deed for your parents’ house reads, “John Parent and Jane Parent, tenants in common.” Your first step is to order a copy of that deed from the Bureau of Conveyances. If the deed then says “as tenants in common, each of us has an equal undivided one-half interest,” you have a clear 50/50 split. If the deed instead reads “John Parent and Jane Parent” with no further language, you would ask the title company or a lawyer whether Hawaii presumes equal shares or whether other recorded instruments (a later quitclaim, trust document, or probate order) change ownership. If a dispute arises, a quiet title or partition action can ask a court to determine exact shares and how proceeds must be divided.
When to call an attorney
Contact a lawyer if:
- Recorded documents are missing, contradictory, or hard to interpret.
- There is a dispute among heirs, beneficiaries, or co-owners about percentages.
- A lender, title company, or buyer demands proof of clear ownership before closing a sale.
Helpful Hints
- Start with the deed. The recorded deed is the primary evidence of ownership and any stated percentages.
- Use the Bureau of Conveyances website to pull certified copies—this is often faster and cheaper than court filings.
- Ask the trustee or executor for trust/will documents early if you think the property is held in a trust or estate.
- Get a title report before closing. Title companies typically resolve most title questions before a sale and will show how proceeds will be disbursed.
- Don’t assume equal shares if the deed or other recorded documents specify otherwise.
- If your parents are alive and cooperative, request copies of their title documents—transparency avoids surprises at sale time.
- Keep records of any payments toward the property (mortgage payments, improvements), which can matter in disputes about contributions or equitable claims.
- If you need court help (quiet title, partition), ask for a local Hawaii attorney experienced in real property litigation.