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

Detailed Answer — What your lawyer needs to start a partition action in Hawaiʻi

Partition actions ask a court to divide or sell real property owned co‑tenantly (for example, two siblings who own land together). In Hawaiʻi, courts use state civil procedure and property law to resolve these disputes. To start effectively, your lawyer will need documents and facts that prove ownership, show the property, explain financial claims, clarify agreements among owners, and identify liens or encumbrances.

Below is a comprehensive checklist of the typical documents and information your lawyer will request, grouped by category and explained in plain language so you know why each item matters.

1) Proof of ownership and chain of title

• All deeds that show how each co‑owner got their interest (warranty deeds, quitclaim deeds). These identify owners and the share each owns.
• Title insurance policy and prior title reports (if any).
• Tax Map Key (TMK) number for the property. In Hawaiʻi, the TMK uniquely identifies the parcel and is used in county records and legal descriptions.
• County real property tax statements and assessment records (these show the TMK, assessed owner, and tax status).

2) Documents showing liens, mortgages, and encumbrances

• Mortgage statements, payoff statements, and promissory notes.
• Judgments, lis pendens, mechanic’s liens, or IRS/state tax liens recorded against the property or owners.
• Homeowner association (HOA) or condominium documents, including bylaws, rules, and outstanding assessment records if the property is subject to an association.

3) Agreements among owners and related contracts

• Any written agreements (partition agreements, buy‑sell agreements, partnership or LLC operating agreements, trust instruments) that describe how owners agreed to handle the property or to resolve disputes.
• Wills, probate papers, or trust documents if any owner received an interest through inheritance or a trust.

4) Evidence of possession, use, and contributions

• Leases and rental agreements if the property is rented. Include rent rolls, security deposit records, and copies of any tenant notices.
• Records showing who paid mortgage payments, property taxes, insurance premiums, utilities, or major repairs (bank statements, canceled checks, receipts).
• Photos, videos, or dated records showing condition, improvements, or disputed boundaries.

5) Physical and survey information

• Recorded legal description from the deed.
• A recent property survey, plat map, or site plan, if available. If there is a boundary dispute or irregular parcel, a survey is especially important.
• Flood zone or environmental reports if relevant (coastal/low‑lying parcels may need special attention).

6) Communication and timeline evidence

• Emails, texts, letters, or written proposals between co‑owners about sale, buyout, repairs, or use of the property.
• A clear timeline of events: when ownership began, transfers, major repairs or improvements, and any attempts to resolve the dispute.

7) Identity and contact information

• Full legal names, current addresses, phone numbers, and email addresses of all co‑owners and any tenants.
• Names and contact details for lenders, title company that issued any title policy, HOA manager, and any other party with an interest in the property.

8) Court and administrative records (if any)

• Any prior court filings related to the property (previous partition suits, quiet title actions, foreclosure proceedings, probate filings).
• Notices or administrative orders from government agencies that affect the property.

How your lawyer will use these documents

• Confirm ownership, shares, and the legal description to prepare the complaint for partition.
• Identify and list defendants, including lienholders and unknown or absentee owners who must be served.
• Determine whether partition in kind (physical division) is feasible or whether the court should order sale and division of proceeds.
• Estimate payoffs needed to clear liens and how net sale proceeds will be divided among owners.
• Plan interim relief—such as preservation of the property, accounting for rents, or injunctions—to protect your client’s interest while the case proceeds.

Where to get missing items

• Deeds, liens, and recorded documents: county Bureau/Clerk/Office of Conveyances (Oʻahu: Bureau of Conveyances; other counties have their own recording offices).
• Tax records and TMK: county real property tax office or online portals for each county.
• Title search and survey: order from a title company or hire a licensed land surveyor.

Basic timeline and likely next steps

1. Lawyer reviews documents and prepares the complaint for partition and a summons to serve defendants.
2. Court filing and service of process. Lenders and lienholders typically receive notice and may file claims.
3. Discovery, accounting, and possible mediation. Court may order appraisal or survey.
4. Court determines whether to divide the property or order sale. If sale, the court supervises sale proceeds distribution after lien payoffs and costs.

For Hawaiʻi statutes and court rules that govern civil actions and property matters, you can search the Hawaiʻi Revised Statutes and Hawaiʻi State Judiciary resources:

• Hawaiʻi Revised Statutes (search and current text): https://www.capitol.hawaii.gov/hrscurrent/
• Hawaiʻi State Judiciary (forms, civil rules, and filing information): https://www.courts.state.hi.us/

Note: Your attorney will identify the exact statutes and rules that apply to your situation and link them in filings.

Helpful Hints

• Bring originals when possible. Lawyers and courts prefer original deeds, signed agreements, and original closing paperwork.
• Prepare a concise timeline. A short, dated chronology of events helps your lawyer spot issues faster.
• Prioritize title and lien documents. A clear title picture speed‑tracks the decision on sale vs. partition in kind.
• Collect evidence of payments. Bank records, canceled checks, and receipts showing who paid mortgage, taxes, and repairs are often decisive in accounting claims.
• Get a survey early if boundaries or division are in doubt. A boundary survey avoids surprises and can save time and money.
• Tell your lawyer about prior settlement offers or negotiations. Courts expect parties to try reasonable settlements before prolonged litigation.
• Ask about mediation or arbitration. Courts often encourage alternative dispute resolution that may preserve value and relationships.
• Expect costs. Partition cases can involve appraisal, survey, title work, and possibly sale costs; ask your lawyer for a fee estimate and a plan to cover lien payoffs and expenses.
• Preserve communication. Save emails, texts, mailed notices, and voicemails—these can be important evidence of agreement or refusal to cooperate.