Answer — What you need to do to buy out your siblings’ interests in your co-owned Hawaii property

Short answer: confirm how title is held, get a current market value, calculate each owner’s share, propose a buyout price and payment plan, clear title and mortgage issues, document the sale with a deed and closing, and record the deed with the State of Hawaii. If co-owners refuse to sell, you can negotiate mediation or, if necessary, file a partition action in court. Because lenders, taxes, and title issues can complicate the process, consult a Hawaii real estate attorney and a licensed appraiser early.

1. Confirm ownership and each person’s share

Order a title report or copy of the recorded deed from the Bureau of Conveyances (or County Land Court, if applicable). The deed language tells you whether owners hold the property as tenants in common, joint tenants, or some other arrangement. Tenants in common usually have divisible shares; joint tenancy includes a right of survivorship and can affect options.

Useful resource: Hawaii Bureau of Conveyances — https://cca.hawaii.gov/boc/

2. Obtain a professional appraisal or market valuation

Hire a licensed Hawaii appraiser or work with a real estate agent to get a current market value. Use a high-quality appraisal when you and your siblings need an objective basis for the buyout price.

3. Calculate the buyout price

Multiply the market value by the sibling’s percentage interest. Example: if the house appraises at $600,000 and your sibling owns 25%, the rough buyout number is $150,000 (subject to negotiation and adjustments for outstanding liens, improvements, or agreed deductions).

4. Decide how you will pay

Common options:

• Refinance the mortgage in your name to pull cash out and remove siblings from loan obligations.
• Assume or take over the existing mortgage (requires lender approval).
• Pay the siblings in cash at closing.
• Set up seller financing with promissory note and mortgage/deed of trust securing repayment.

Talk with your lender early—most mortgages have restrictions or require underwriting before a loan assumption or refinance.

5. Draft and sign a written buyout agreement

Document the terms in a purchase agreement or settlement memorandum that clearly states price, payment method, closing date, who pays closing costs, and how liens and taxes will be handled. If seller financing will be used, include a promissory note and a mortgage or deed of trust securing repayment.

6. Clear title and close

Perform a title search and obtain any required title insurance. At closing, the siblings conveying their interest will sign a deed (usually a quitclaim or warranty deed). The deed must be properly executed, notarized, and recorded with the Bureau of Conveyances (or County Land Court) to change ownership officially.

See recording and conveyance procedures: Hawaii Bureau of Conveyances.

7. Address taxes and other costs

Consider the potential tax consequences (capital gains, federal/state reporting) and Hawaii conveyance taxes or documentary stamps—consult a tax professional. Also allocate closing costs, prorated property taxes, HOA dues, and any credits for repairs or improvements.

8. If your siblings won’t agree: mediation or partition action

If negotiations fail, you may pursue mediation or file a partition action in Hawaii court asking for division of the property or sale and distribution of proceeds. Courts generally prefer division in kind when feasible, but a sale can occur if physical division isn’t practical. Partition is a civil court procedure; deadlines and requirements apply.

For general Hawaii statutes and to learn more about civil remedies, consult the Hawaii Revised Statutes: https://www.capitol.hawaii.gov/hrscurrent/. For court procedures, see the Hawaii State Judiciary: https://www.courts.state.hi.us/.

When to hire a Hawaii real estate attorney

Hire an attorney when:

• Co-owners disagree about price or terms.
• There are title defects, undisclosed liens, or complex heirship issues (probate involvement).
• You need to draft seller-financing documents, assume a loan, or pursue partition in court.

An attorney can draft enforceable agreements, coordinate closings, and represent you in court if necessary.

Important Hawaii law references

Hawaii Revised Statutes govern property, conveyances, and civil remedies. For statutory language and specific sections that apply to partition, conveyances, and recording, search the HRS online: Hawaii Revised Statutes (current).

Disclaimer: This is general information only and not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Hawaii attorney.