How to Start a Partition Action in Hawaii
Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Hawaii attorney. Detailed Answer: How a partition action works in Hawaii If two or more people own the same real estate in Hawaii and cannot agree about dividing, using, or selling it, one […]
Read article →Buying Out Siblings’ Interests in a Co-Owned Home in Hawaii
How to keep a family home in Hawaii by buying out co-owners: step-by-step FAQ Answer — What you need to do to buy out your siblings’ interests in your co-owned Hawaii property Short answer: confirm how title is held, get a current market value, calculate each owner’s share, propose a buyout price and payment plan, […]
Read article →Hawaii: Can I Force the Sale of Shared Property When Co-Owners Disagree?
Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Hawaii attorney. Detailed Answer When co-owners of real property disagree about selling, Hawaii law provides a court remedy called a partition action. A partition action allows […]
Read article →Hawaii: Rights of Co-Owners When a Co-Owner Lives in the Property as a Life Tenant
Detailed Answer This section explains, in plain language, what rights you typically have in Hawaii when another co-owner occupies the property as the life tenant (holds a life estate). This is general information only — it is not legal advice. What a life tenancy (life estate) usually means A life tenant has the right to […]
Read article →Hawaii — Life Tenant Rights During a Partition Action: Can You Stay in the House?
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 […]
Read article →Filing a Partition Action in Hawaii When Some Co‑Owners Won’t Respond
Detailed Answer — How partition actions work in Hawaii and what to do when co‑owners don’t respond This section explains, in plain language, how a partition action works in Hawaii when you inherit property and one or more co‑owners are unresponsive. This is a general overview based on Hawaii procedures and statutes; it is not […]
Read article →What Happens If Co-Owners Disagree and a Court-Appointed Commissioner Handles a Private Sale in Hawaii
Detailed answer — How a court-appointed commissioner handles a private sale when co-owners disagree under Hawaii law Short answer: In Hawaii, when co-owners cannot agree about jointly owned real property, a co-owner may file a partition action asking the court to divide the property or order its sale. If the court orders sale but finds […]
Read article →How to Force the Sale of an Inherited Parcel in Hawaii
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 […]
Read article →Hawaii: Paperwork to Prove House Expenses in a Partition Case
How to Document House Expenses for a Partition Case in Hawaii Disclaimer This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Hawaii attorney. Detailed Answer When co‑owners ask a court to partition (divide or sell) real property in Hawaii, the court often orders […]
Read article →Hawaii: Can You Add Mortgage, Property Taxes, and Carrying Costs to Your Share of Sale Proceeds?
How Hawaii Law Treats Mortgage, Property Taxes, and Carrying Costs When You Sell Joint Property Short answer: Sometimes — but not automatically. If you paid the mortgage, property taxes, or other carrying costs while property was jointly owned, you may be able to recover those payments or receive a credit against the sale proceeds. Recovery […]
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