Detailed Answer
Under Hawaii law, co-owners of real property who cannot agree to divide the land may bring a partition action in the circuit court. Partition actions are governed by Hawaii Revised Statutes (HRS) Chapter 657. HRS 657-1 allows any tenant in common to petition the court for partition. To file a petition to partition land owned by multiple relatives in Hawaii, follow these steps:
- Confirm Ownership and Interests: Conduct a title search to identify all co-owners (tenants in common or joint tenants) and their respective ownership shares.
- Decide on Partition Type: Determine whether a physical division (partition in kind) is feasible or if a sale and division of proceeds is more practical. If in kind is impractical, the court may order a sale per HRS 657-21.
- Prepare and File the Petition: Draft a petition including:
- Description of the property and interests of each co-owner.
- Names and addresses of all co-owners.
- Type of partition requested.
File the petition in the circuit court of the judicial circuit where the property is located and pay the required filing fee.
- Serve the Co-Owners: Serve each co-owner with a copy of the petition and summons following Hawaii Rules of Civil Procedure (HRCP) Rules 4 and 5. If an owner cannot be located, publish notice in a local newspaper per HRCP Rule 4.1.
- Request Appointment of a Partition Commissioner: After service, request the court to appoint a commissioner to survey, divide, or sell the property. The commissioner will inspect the property, prepare a report, and recommend a method of partition.
- Attend Court Hearings: Participate in any hearings scheduled by the court to resolve disputes, approve the commissioner’s report, and finalize the partition plan.
- Finalize the Partition: If a physical division is approved, the court issues an order allocating parcels. If a sale is ordered, the court directs sale procedures, and upon sale, the proceeds are distributed to co-owners according to their ownership shares after costs are paid.
Helpful Hints
- Review HRS Chapter 657 for detailed statute language: HRS 657.
- Keep clear records of co-owner communications and any informal agreements.
- Visit the circuit court clerk’s office for form requirements and up-to-date filing fees.
- Consider hiring a licensed surveyor to prepare an accurate land survey.
- Track deadlines under the Hawaii Rules of Civil Procedure for service and responses.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Hawaii for advice tailored to your situation.