What process allows a party to force sale of property through a partition hearing in Hawaii? | Hawaii Partition Actions | FastCounsel
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What process allows a party to force sale of property through a partition hearing in Hawaii?


Disclaimer: This article is for educational purposes and does not constitute legal advice.

Detailed Answer

Under Hawaii law, a partition action allows co-owners of real property to divide interests or force a sale when division in kind is impracticable. See HRS §634-1 (Persons entitled to partition).

To initiate a partition, a co-owner files a complaint in the circuit court where the property lies. The complaint must name all co-owners and interest holders, including mortgagees. After service, the court reviews titles and ownership interests. The court may order a division in kind if it can be done without prejudice. If physical division would harm the property or unfairly affect owners, the court orders a sale. See HRS §634-12 (Sale when partition cannot be made).

When the court orders a sale, it typically appoints a commissioner to oversee the process. The commissioner appraises the property, publishes notice of sale, and conducts a public auction. Interested buyers submit bids, and the court holds a confirmation hearing to approve the sale. Once confirmed, the commissioner distributes the net proceeds among parties according to their ownership shares, after paying liens, costs, and fees. See HRS §634-18 (Distribution of sale proceeds).

Co-owners may agree on terms or buy out other interests to avoid sale. If parties reach a settlement, the court can dismiss the action and enter the agreement as an order.

Helpful Hints

  • Identify all co-owners and lienholders before filing.
  • Review title records to confirm ownership percentages.
  • Consider negotiation or buyout offers early to avoid costs.
  • Understand commissioner’s fees and court costs.
  • Attend hearings and provide evidence of ownership and valuation.
  • Consult a real estate attorney for procedural guidance.
  • Allow time for appraisal, notice periods, and confirmation hearings.


The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.