Can I force a sale or division of family land I co-own in Hawaii?

Detailed answer — How partition works in Hawaii and what to expect

If you and your siblings (and their children) co-own a parcel of land in Hawaii and you cannot agree about keeping or using it, the usual legal remedy is a partition action. A partition is a court process that divides the property among co-owners (partition in kind) or orders the property sold and the proceeds divided (partition by sale). Any co-owner generally has the right to ask the court for partition.

Key concepts to understand:

Type of ownership matters: Most family-held properties are either tenants in common or joint tenants. Tenants in common each hold an individual share that can be partitioned. Joint tenancy includes a right of survivorship; a surviving co-owner may claim the property after another dies. Courts treat partition requests differently depending on the recorded ownership form and whether the joint tenancy has been severed.
Partition in kind vs. partition by sale: The court prefers a physical division (partition in kind) if it can divide the land fairly without greatly reducing value or creating awkward parcels. If physical division is impractical or would create uneconomic or awkward lots, the court will order a sale and divide the proceeds.
Commissioner or referee: If the court orders a sale or needs expert help dividing the land, it may appoint a commissioner (or referee) to handle surveying, sale, advertising, bidding, and distribution of proceeds.
Priority of liens and mortgages: Liens, mortgages, and tax liabilities generally attach to the land and will be paid from sale proceeds in order of priority before owners split the balance.
Buyout options: A co-owner may offer to buy other owners’ shares. Courts may consider offers to purchase as part of settling the matter without a sale to the public.

How to start a partition action in Hawaii

Steps are typically:

Confirm ownership: Locate the deed(s), chain of title, and any recorded documents. Confirm whether the property is in the Land Court or regular Bureau of Conveyances records.
Attempt to negotiate: Try a written buyout offer, mediation, or a written partition agreement. Courts often expect parties to attempt negotiation before litigation.
File a complaint for partition in the appropriate Hawaii court: If negotiation fails, file a partition complaint asking the circuit court (usually the circuit court in the county where the land is located) to divide or sell the property. The complaint names all co-owners and interested parties and asks for a partition in kind or by sale.
Service and response: Serve all co-owners and any lienholders. Co-owners can respond, raise disputes about shares, title defects, homestead claims, or ask for an accounting.
Survey, appraisal, and hearing: The court may order a survey and appraisal. The court will weigh feasibility of dividing the land versus sale. If sale is ordered, the court oversees the sale or appoints a commissioner to handle it.
Distribution: After payment of liens, taxes, sale costs and court-ordered fees, the court distributes net proceeds to co-owners according to their legal shares.

What the court considers

Whether the property can be divided fairly and without substantial injury to the owners’ interests.
Each owner’s legal share based on the deed and title evidence.
Existing liens, mortgages, and recorded rights (easements, leases, life estates, or homestead claims).
Practicality and cost of dividing: access, utilities, zoning, and whether division would create undersized or unusable parcels.

Common complications in family-owned parcels

Expect these issues in family contexts:

Heirs and minors: If ownership includes minors or people under guardianship, additional procedures protect those owners’ interests.
Heirship disputes: Claims from people who say they inherited or were promised the land can delay partition until title is clear.
Improvements and contributions: If some co-owners invested money or labor in improvements, they may claim credits or offset amounts from sale proceeds.
Homestead or welfare protections: An occupied family home may have protections that affect forced sale; check local homestead and exemption rules.

Timeline and costs

Times vary. A straightforward negotiated buyout can happen in weeks or months. A contested partition with surveys, title disputes, or appeals can take a year or more. Costs include filing fees, survey and appraisal fees, commissioner fees, advertising/sale costs, and attorneys’ fees. The court can sometimes charge costs against the proceeds rather than requiring out-of-pocket payment by co-owners.

When to hire an attorney

Hire an attorney if any of the following apply:

Significant disagreement among co-owners about sale, division, or value.
Complex title issues, liens, mortgages, or potential claims by outside heirs.
Possible homestead or tenancy rights that protect an occupant from sale.
Need for negotiation, buyout agreement drafting, or mediation to avoid costly litigation.

Where to check Hawaii law and court forms

Hawaii statutes and the Hawaii State Judiciary website provide general rules and court filing information. For official statutes and legislative text, consult the Hawaii State Legislature website: https://www.capitol.hawaii.gov/. For court procedures and self-help resources, see the Hawaii State Judiciary: https://www.courts.state.hi.us/.

Practical next steps you can take now

Gather deeds, title insurance, mortgage statements, property tax bills, and any written agreements about the land.
Ask the county property assessor for parcel maps and legal descriptions.
Discuss buyout options in writing and propose mediation if co-owners are willing.
If you decide to litigate, consult a Hawaii real property attorney to evaluate your case, explain likely costs and outcomes, and prepare the partition complaint.

Helpful hints

Start by trying to reach agreement: buyouts or transfers are usually faster and cheaper than court actions.
Get a recent appraisal and a professional survey early to guide negotiations and to present solid evidence if you go to court.
Confirm whether the land is in the Land Court or registered at the Bureau of Conveyances — Land Court title can simplify some title disputes.
Remember that unpaid property taxes or mortgages will be paid from sale proceeds, reducing each owner’s net share.
Keep written records of offers, repairs, rent, or payments you make related to the property; courts consider these in accounting disputes.
If one occupant claims homestead protections, ask an attorney whether that affects the court’s ability to order a sale of the residence.
Explore mediation or family meetings with a neutral facilitator before filing a partition complaint — courts often encourage settlement.

Disclaimer: This article explains general information about partition and sale of co-owned real property in Hawaii to help you understand the process. It is not legal advice. Laws change and each situation is different. For advice about your specific facts, consult a licensed Hawaii attorney.