Partition Actions in Hawaii | HI Legal Resources | FastCounsel

How to File a Partition Action in Hawaii to Force Sale of Co-Owned Real Property

Answer This page explains, in plain language, how to start a civil court action in Hawaii to force the sale of real property when a co-owner refuses to cooperate. It covers who can file, where to file, what the court can do, basic steps to take, likely costs and timeline, and practical alternatives to court. […]

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Hawaii Guide: Getting a Co-owner to Provide Mortgage Statements and Repair Receipts Before Dividing Sale Proceeds

How to Get a Co-owner to Account for Mortgage Payments and Repair Costs Before You Split Sale Proceeds Short answer: You cannot unilaterally force a co-owner to hand over records unless you have a contract or court order. However, under Hawaii law you can demand an accounting, refuse to divide proceeds until there is an […]

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Hawaii: Forcing the Sale of a Co-Owned House — What to Know

Detailed Answer If you own real property in Hawaii with two other co-owners and you cannot reach an agreement about keeping, dividing, or selling the property, you can ask a court to resolve the dispute through a partition action. Under Hawaii law, a partition action allows one or more co-owners to ask the court either […]

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How to File a Partition Action in Hawaii to Split Inherited Property When a Co-Owner Won't Cooperate

Detailed Answer Short overview: If you and one or more people inherit real property in Hawaii and one co-owner refuses to cooperate in selling or dividing it, you can ask a court to force a division of the property through a partition action. In Hawaii, partition actions are a civil remedy. The court can order […]

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How to File a Partition Action in Hawaii to Force Sale or Obtain a Buyout

Detailed Answer: How to file a partition action in Hawaii to force sale or get a sibling to buy out your share Short answer: In Hawaii, a co-owner of real property (usually a tenant in common) can ask the circuit court to divide the property by filing a partition action under Hawaii law (see Hawaii […]

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Hawaii Guide: Forcing Sale of Property When Heirs Refuse Mediation or Won’t Sign

Quick answer Under Hawaii law, if co-owners (including heirs who inherit an interest) cannot agree and one co-owner wants to end the shared ownership, a court can order a partition action. The court prefers to divide land in kind when practical, but if a physical division is impractical or would cause prejudice, the court can […]

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Hawaii: Appointing a Guardian ad Litem for Unknown or Unlocatable Heirs in a Partition Action

Can a court appoint a guardian ad litem for unknown or unlocatable heirs in a partition action? Short answer: Yes. Under Hawaii civil practice, courts can appoint a guardian ad litem (GAL) or similar representative to protect the interests of heirs who are minors, legally incapacitated, or whose identities or whereabouts are unknown or unlocatable […]

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How to Start a Partition Lawsuit in Hawaii to Divide Inherited Land

Detailed Answer This guide explains the practical steps to start a partition lawsuit in Hawaii to divide inherited real property when co-owners will not agree. This is educational information only and is not legal advice. Consult a licensed Hawaii attorney before starting any court action. What a partition action is and when it applies A […]

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How to Divide or Force the Sale of Co‑Owned Farmland in Hawaii

Detailed Answer Short overview: When co-owners cannot agree about what to do with jointly owned farmland in Hawaii, one owner can typically ask a court to partition the property — either by physically dividing it among the owners (partition in kind) or by forcing a sale and dividing the proceeds (partition by sale). The process […]

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Hawaii: Documents and Information to Provide Your Lawyer to Begin a Partition Action

This FAQ explains, for readers with no legal background, what documents and information you should gather and give to your lawyer to begin a partition action in Hawaiʻi. It summarizes how those documents are used, what your lawyer will likely do next, and practical tips for faster progress. This is educational only and not legal […]

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