Can I force the sale of an inherited parcel when a family member refuses to list it?

Short answer: Yes — if you and the other owner(s) cannot agree, you can ask a Hawaii court to force a partition sale. A court can order the property divided physically (partition in kind) or sold and the proceeds split (partition by sale). Before filing, confirm ownership type, try negotiation or mediation, and understand costs and timing. This is an overview and not legal advice; consult a licensed Hawaii attorney about your situation.

What parties and documents you must check first

Confirm how title to the parcel is held (joint tenancy, tenants in common, ownership through a probate estate). If the deed or will created joint tenancy with right of survivorship, the survivor may own the whole property automatically; if tenants in common, each owner has a divisible share.
Locate the deed, death certificate, will or probate papers, mortgage and lien records. These show who has the legal right to demand a sale and whether liens must be paid from sale proceeds.
Check any trust or estate administration documents. Sometimes the trustee or personal representative controls sales during probate or trust administration.

How partition works in general

A partition action is the standard legal tool when co-owners cannot agree about keeping or selling real property:

Partition in kind — the court divides the land physically among owners when it is reasonably practicable (rare for small or improved parcels).
Partition by sale — the court orders the property sold (often at public auction or private sale) and divides net proceeds among owners according to their ownership shares.

Steps to force a sale in Hawaii

Attempt negotiation and mediation first. Courts prefer parties to settle. Offer to buy the other owner’s share, propose a listing with a neutral realtor, or use mediation to resolve disputes about price, timing, and commission.
Hire a Hawaii real estate attorney if negotiations fail. An attorney will check title, prepare pleadings, and explain local practice. They can also calculate likely costs and net proceeds.
File a partition action in the appropriate Hawaii court. The complaint asks the court to partition or order sale. The court will notify all owners and interested parties (lienholders, heirs, creditors).
Court determines whether partition in kind is feasible. For many residential or improved inheritance parcels, dividing the property physically is impractical, so the court will order a sale.
If the court orders sale, the judge sets the manner of sale. The court may appoint a commissioner or referee to sell, may allow a private sale subject to court approval, or direct a public auction. The court will approve distribution of proceeds after paying liens, expenses and possibly attorney fees.

Costs, timelines, and practical considerations

Partition lawsuits take months to over a year depending on court backlog, title complexity, and appeals.
Costs include court filing fees, attorney fees, appraisal and sale costs, title clearing, and possible costs of partitioning the land physically. These costs reduce sale proceeds.
Courts may award attorneys’ fees in limited situations, but the outcome is fact-specific.
If there are existing mortgages or liens, those typically get paid from sale proceeds before net distribution to owners.

Common alternatives to a court-ordered sale

Buyout: Offer to buy the other owner’s share for a fair market value determined by appraisal.
Co-ownership agreement: Draft rules for renting, managing, or eventually selling the property (works if both parties cooperate).
Sell other estate assets: If the parcel is part of an estate with other assets, selling or distributing other assets may avoid partition litigation.

Where Hawaii law governs this process

Hawaii law provides the rules that govern partition actions and property ownership. For the statutes and procedures, consult the Hawaii Revised Statutes and the Hawaii Judiciary:

Hawaii Revised Statutes — current statutes and searchable code: https://www.capitol.hawaii.gov/hrscurrent/
Hawaii Judiciary (court information, forms, and civil procedures): https://www.courts.state.hi.us

When to call an attorney

Contact a Hawaii real estate or probate attorney if:

You cannot resolve the issue by negotiation or mediation;
Title, liens, or probate matters are unclear;
You need to know the realistic costs, timeline, and likely outcome of a partition action.

Helpful Hints

Document every attempt to negotiate in writing — courts view good-faith negotiation favorably.
Get a current appraisal before making or accepting buyout offers so you know market value.
Check title early for liens, unpaid taxes, or judgments that could affect net proceeds.
Consider mediation or neutral appraisal as cost-saving options before filing suit.
Remember that a forced sale can be expensive and emotionally draining — weigh costs against expected net recovery.
If the parcel is in a trust or estate, verify whether the trustee or personal representative has exclusive sale authority under the trust or probate orders.

Disclaimer: This article is for educational purposes only and is not legal advice. Laws change and the facts of every case differ. For advice specific to your situation, consult a licensed Hawaii attorney.