Detailed Answer

Short answer: In Hawaii, a person who holds a life estate generally keeps the right to possess and occupy the property during the life estate. If a co-owner (including a remainderman) files a partition action, the court can order division of ownership, sale of the property, or an accounting, but it must treat the life estate and remainder interests as separate property interests. That usually means the life tenant’s possession continues unless a court orders otherwise or the life estate is bought out.

How this works in practice

A life estate gives one person (the life tenant) the right to possess the property for the length of the life estate (often the life tenant’s lifetime). Other parties (remaindermen) hold future interests. When a co-owner files a partition action, Hawaii courts apply equitable and property-law principles to protect the legal interests of all parties:

The life tenant normally retains the right to occupy the home for the life of the life estate. A partition action does not automatically evict the life tenant.
If the court orders a partition in kind (physically dividing the land) and a literal division would not be practical for a single-family house, the court may instead order a sale of the entire property and divide proceeds according to each party’s interest (life estate vs. remainder interest).
The court can structure the sale in ways that account for the life tenant’s possessory interest. For example, the court may:

Order a sale subject to the existing life estate (buyer takes title subject to the life tenant’s right to remain);
Order a sale free of the life estate and require compensation (a buyout) to the life tenant for extinguishing possession rights;
Permit a partition by divide-and-adjust where feasible, though that is rare for single-family homes.

The court aims to accomplish an equitable distribution. Because a life tenant’s right to occupy is legally recognized, courts often either preserve that possession or compensate the life tenant if the life estate will be terminated or substantially reduced.

Common court outcomes

Sale with life estate preserved: The property sells, and the buyer purchases subject to the life tenant’s right to live there for the life estate. The life tenant typically continues to occupy the property but will receive no proceeds from the sale (those go to the owners of the fee interest according to their proportions).
Sale with buyout: The court orders sale free of the life estate; the life tenant is paid the present value of the life estate (a cash buyout) and must vacate pursuant to the order or agreed terms.
Partition in kind: Rare for single-family residences; more likely for large parcels that can be physically divided.

Relevant Hawaii resources

Hawaii statutes and court rules govern civil actions and property rights. For statutory language and procedural rules, consult the Hawaii Revised Statutes and the Hawaii Judiciary’s self-help pages:

Hawaii Revised Statutes (HRS): https://www.capitol.hawaii.gov/hrscurrent/
Hawaii Judiciary (self-help and civil procedure resources): https://www.courts.state.hi.us/

These resources provide access to civil procedure rules and specific statutory text that courts use when resolving partition and property disputes.

Practical implications for someone living in the house as a life tenant

You may continue to live in the home while the partition action proceeds. The life estate gives you a possessory right that courts generally respect.
You must avoid committing waste (damaging or diminishing the value of the property). Courts can penalize life tenants who commit voluntary or permissive waste.
You remain responsible for ordinary upkeep and, in many cases, property taxes, insurance, and mortgage payments tied to your possessory period unless an agreement or court order says otherwise.
You can negotiate with co-owners to buy out their remainder interests or to settle the case so you keep occupancy (possibly by paying them a lump sum or sharing sale proceeds later).

Hypothetical example

Hypothetical facts: Anna holds a life estate in a family house; Ben and Carlos hold remainder interests. Ben files a partition seeking a sale. In court, Anna argues she should be allowed to stay. The court has several choices:

Order a sale subject to Anna’s life estate (Anna stays until the life estate ends; buyer pays reduced price because of the life estate).
Order a sale free of the life estate and require payment to Anna equal to the present value of her life estate (Anna moves out after settlement).
Encourage a negotiated resolution—Ben or Carlos could buy Anna’s life estate or Anna could buy them out.

When a court might limit or end your possession

If a life tenant commits waste or converts the property to uses inconsistent with the life estate, a court can restrict possession or award damages.
If the court finds an urgent need (e.g., safety hazards) or already determined equitable reasons, it may fashion temporary orders affecting occupancy during litigation.

Helpful Hints

Gather documents: life estate deed, recorded deed, mortgage statements, property tax bills, insurance policies, and communication with co-owners.
Do not abandon the property. Continued occupancy helps preserve your possessory claim.
Avoid major alterations or removal of fixtures without co-owner consent—these can be waste.
Communicate and seek a negotiated solution. A buyout or settlement often costs less than litigation.
Keep records of repairs, payments, and expenses. These records help if you seek reimbursement or offset for improvements or necessary expenses.
Ask the court to value the life estate rather than guessing. Courts use actuarial tables and market data to calculate present value for buyouts.
Consult a local attorney experienced in property and civil litigation early. Partition law and remedies involve procedural rules and valuation methods that affect outcomes.
Use the Hawaii Judiciary site for procedural forms and filing information: https://www.courts.state.hi.us/.

How to find a lawyer: Look for attorneys who handle real property, probate, or civil litigation in Hawaii. When you contact a lawyer, ask about experience with life estates and partition actions, likely outcomes, timelines, and fee structure.

Disclaimer: This article provides general information about Hawaii property and partition principles and does not constitute legal advice. Laws and procedures change. For guidance about your specific situation, consult a licensed Hawaii attorney.