Disclaimer: This is an educational overview and not legal advice. Consult a qualified attorney to discuss your specific circumstances.
Detailed Answer
Under Hawaii law, co-owners of real property may seek partition under the partition statute (HRS Chapter 664). This statutory remedy allows any co-owner—including a spouse—to ask the circuit court for a physical division of the land (partition in kind) or a sale of the property with proceeds divided among owners. See HRS §664-1.
If you have separated but not yet filed for divorce, you may independently file a partition action. Your spouse can consent to a voluntary partition agreement or oppose it, potentially leading the court to order a sale and split the net proceeds.
However, once a divorce petition is on file, the divorce court assumes exclusive jurisdiction over marital property division under HRS §580-47. The court may distribute or sell assets as part of an equitable distribution scheme. If you initiate a partition action during a pending divorce, the divorce court may stay or enjoin that partition to avoid conflicting rulings.
Key considerations:
- If no divorce petition exists, a partition suit may proceed in circuit court under HRS Chapter 664.
- If you file for divorce first, handle all property division in that proceeding for streamlined resolution.
- Agreeing to an uncontested partition agreement reduces litigation risk and costs.
- Costs include filing fees, surveyor fees, appraisal fees, and attorney’s fees.
Helpful Hints
- Confirm whether you have filed a divorce petition; this determines whether partition or divorce court handles property division.
- Identify the specific property (e.g., land parcel, mobile home, personal property) as different rules may apply.
- Review HRS Chapter 664 for partition requirements: residency, service of process, and surveyor reports.
- Consider negotiating a written partition agreement with your spouse to avoid contested litigation.
- Seek guidance from a family law attorney to understand local practice, timing, and court costs.