Can I partition property with my spouse after separation but before divorce in Hawaii? | Hawaii Partition Actions | FastCounsel
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Can I partition property with my spouse after separation but before divorce in Hawaii?

Disclaimer: This is an educational overview and not legal advice. Consult a qualified attorney to discuss your specific circumstances.

Detailed Answer

Under Hawaii law, co-owners of real property may seek partition under the partition statute (HRS Chapter 664). This statutory remedy allows any co-owner—including a spouse—to ask the circuit court for a physical division of the land (partition in kind) or a sale of the property with proceeds divided among owners. See HRS §664-1.

If you have separated but not yet filed for divorce, you may independently file a partition action. Your spouse can consent to a voluntary partition agreement or oppose it, potentially leading the court to order a sale and split the net proceeds.

However, once a divorce petition is on file, the divorce court assumes exclusive jurisdiction over marital property division under HRS §580-47. The court may distribute or sell assets as part of an equitable distribution scheme. If you initiate a partition action during a pending divorce, the divorce court may stay or enjoin that partition to avoid conflicting rulings.

Key considerations:

  • If no divorce petition exists, a partition suit may proceed in circuit court under HRS Chapter 664.
  • If you file for divorce first, handle all property division in that proceeding for streamlined resolution.
  • Agreeing to an uncontested partition agreement reduces litigation risk and costs.
  • Costs include filing fees, surveyor fees, appraisal fees, and attorney’s fees.

Helpful Hints

  • Confirm whether you have filed a divorce petition; this determines whether partition or divorce court handles property division.
  • Identify the specific property (e.g., land parcel, mobile home, personal property) as different rules may apply.
  • Review HRS Chapter 664 for partition requirements: residency, service of process, and surveyor reports.
  • Consider negotiating a written partition agreement with your spouse to avoid contested litigation.
  • Seek guidance from a family law attorney to understand local practice, timing, and court costs.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.