Disclaimer: This article provides general information about Hawaii law and does not constitute legal advice. Always consult a licensed attorney in Hawaii for guidance on your specific situation.
Detailed Answer: Partition Action in Hawaii
When co-owners inherit property and cannot agree on its use or disposition, Hawaii law allows a co-owner to force a sale through a partition action. Chapter 669 of the Hawaii Revised Statutes (HRS) outlines this process.
What Is a Partition Action?
A partition action is a lawsuit filed in the Circuit Court of the State of Hawaii by one or more co-owners seeking to divide or sell the property. The court may order:
- Partition in Kind: Physical division of the property among co-owners.
- Partition by Sale: Sale of the entire property followed by distribution of proceeds among co-owners.
Under HRS §669-1, a sale may be ordered when dividing the property would cause “great prejudice” to the owners. See HRS §669-1.
How to Force a Sale Through a Partition Action
- File the Complaint: Submit a petition for partition in the Circuit Court where the property is located.
- Serve Co-Owners: Deliver court papers to all co-owners named as defendants.
- Appointment of Commissioners: The court appoints impartial commissioners to survey, appraise, and recommend division or sale.
- Court Order: If division would prejudice owners or is impracticable, the court orders a sale under HRS §669-5.
- Sale and Distribution: The property is sold at public auction or private sale, and proceeds are divided according to each owner’s share.
Helpful Hints
- Review the deed and title report to confirm each co-owner’s interest.
- Attempt mediation or negotiation first to avoid litigation costs.
- Collect surveys, appraisals, and tax records early in the process.
- Meet all court deadlines for filings, responses, and hearings.
- Hire a real estate attorney experienced in Hawaii partition actions.