Detailed Answer

What a partition action is and who can bring it

A partition action is a court proceeding that lets a co-owner of real property ask the court to divide the property among co-owners (partition in kind) or, if division is impractical, force a sale and divide the proceeds (partition by sale). In Hawaii, a person who owns an undivided interest in land (typically a tenant in common) can file for partition to protect or liquidate that ownership share. If the property is owned as a tenancy by the entirety, different rules may apply; married couples often have different protections.

Key preliminary steps

1. Confirm your ownership type. Check the deed, the land court records or the Bureau of Conveyances to confirm whether you hold title as a tenant in common, joint tenant, or otherwise.
2. Gather documents. Get the deed, death certificate (if you inherited), probate papers or letters of administration, mortgage statements, property tax records, and any agreements with co-owners.
3. Try negotiation first. Courts expect co-owners to attempt resolution. Consider a written buyout offer, mediation, or selling the property cooperatively before filing suit.

Filing a partition action in Hawaii: the usual procedure

Below are the typical steps to file a partition action in Hawaii. Courts may vary in practice by county; consult the circuit court where the property sits.

1. Prepare a complaint for partition. The complaint should identify the property with a legal description, name all known co-owners and any persons with an interest, state your ownership share, explain why partition is necessary (e.g., co-owner refuses to buy you out or sell), and ask the court for partition in kind or, if that is not practicable, a sale and division of proceeds. Include any relevant probate or inheritance facts that explain how you obtained your interest.
2. File in the proper court. File the complaint in the Hawaii Circuit Court for the county where the property is located. The local circuit court handles real property partition matters. Expect filing fees and case number assignment.
3. Serve all interested parties. You must serve known co-owners and other parties with an interest in the property. If some interests are unknown or parties cannot be located, the court often allows service by publication or other substituted service methods. Follow the Hawaii Rules of Civil Procedure for service requirements and timelines.
4. Court process: pleadings, discovery, and possible mediation. After filing and service, parties exchange information (title records, appraisals, surveys). The court may order or encourage mediation. If the case is contested, the matter proceeds through motion practice and potentially to trial.
5. Commissioners, partition in kind, or sale. If the court finds partition in kind can fairly divide the land without prejudice, it may order division. More commonly with family land that cannot be divided without reducing value, the court appoints commissioners or a referee to sell the property and report back. The court will approve the sale method (public auction, private sale subject to court confirmation, or sale by commissioner) and the sale terms.
6. Pay liens and divide proceeds. Sale proceeds pay mortgage liens, taxes, costs of sale, and court costs. Net proceeds get divided among owners according to their respective shares. The court will issue a final distribution order and a judgment of partition.

Practical points courts consider

• Court preference: Many courts prefer partition in kind when possible, but they will order a sale when division would be unreasonable or reduce value.
• Improvements and contributions: The court may credit one co-owner for improvements, repairs, or mortgage payments they made that benefited the property.
• Liens and encumbrances: Mortgages and recorded liens are usually paid from sale proceeds before distribution.
• Missing owners: If a co-owner cannot be located, the court can allow service by publication and still proceed; any unknown interest typically attaches to the proceeds until claimed.

Timeline and likely costs

A simple, uncontested partition with cooperation can finish in a few months. Contested matters that require valuation disputes, lien determination, or trial can take a year or longer. Costs include filing fees, possible costs of service by publication, appraisal and survey fees, attorney fees, and the costs of a commissioner or sale. Courts can award costs or attorney fees in limited circumstances, but plan for legal and procedural expenses.

Where to find Hawaii statutes and rules

Hawaii’s statutory and court rules govern civil procedure and property actions. You can search the Hawaii Revised Statutes for terms like “partition” at the Hawaii State Legislature site: https://www.capitol.hawaii.gov/hrscurrent/. For court rules and local procedures, see the Hawaii State Judiciary website: https://www.courts.state.hi.us/. These resources will help you find the exact statutory sections and the procedural rules the circuit courts apply.

Hypothetical example

Suppose you inherited a one-third undivided interest in a 10‑acre family parcel in Maui. A sibling owns the other two-thirds and refuses to buy you out or sell. You confirm your interest at the Bureau of Conveyances, try negotiation, then file a complaint for partition in the Maui Circuit Court asking for sale and division of proceeds. The court appoints commissioners, the property sells at a court-supervised sale, liens and sale costs are paid, and the net proceeds divide according to ownership shares after adjustments for any improvements you or others paid for.

When to talk to an attorney

Consult an experienced real property litigation attorney if parties contest ownership, liens exist, the title is unclear, or you want help with strategic options (buyout, partition, or negotiated sale). An attorney can prepare pleadings, handle service, coordinate appraisals and surveys, and protect your financial interest in the distribution.

Helpful Hints

• Get a title search early. Confirm how your interest is recorded at the Bureau of Conveyances or Land Court.
• Collect documentation: deed, death certificate, probate letters, mortgage statements, tax records, and any written agreements among owners.
• Try a written buyout offer before filing. Courts expect good-faith attempts at resolution.
• Obtain an independent appraisal and survey to support valuation arguments.
• Consider mediation — it can save time and money and preserve family relationships.
• Keep records of any money you spent on taxes, repairs, or improvements; the court may consider these when dividing proceeds.
• If a co-owner lives on the property, discuss temporary occupancy orders or rents with counsel; courts may order accounting for use or possession.
• Be realistic about timing: contested partition cases can be lengthy and costly.
• Ask about tax consequences. Sale proceeds may have capital gains implications; talk to a tax advisor.
• Use official resources: search Hawaii Revised Statutes at https://www.capitol.hawaii.gov/hrscurrent/ and visit the Hawaii Judiciary https://www.courts.state.hi.us/ for local rules and court contact information.