Disclaimer: This article is for general informational purposes only and is not legal advice. If you need advice about your specific situation, consult a licensed Hawaii attorney.
Detailed Answer — How partition-for-sale works in Hawaii and how to start one
If you inherited real property with siblings and one or more co-owners refuse to agree to a sale, Hawaii law lets a co-owner ask the court to force a partition. A partition-for-sale lawsuit asks the court either to divide the land physically among owners (partition in kind) or, if division is impractical, to order a sale and divide the sale proceeds according to each owner’s share. The key statute is Hawaii Revised Statutes, chapter 669 (Partition). See the chapter overview here: HRS ch. 669.
Step-by-step: What you need to do to file a partition-for-sale in Hawaii
- Confirm ownership and shares. Get a copy of the deed(s) and any probate documents. Determine whether title is joint tenancy with right of survivorship or tenancy in common. Heirs typically hold as tenants in common, which allows partition actions.
- Try to resolve the matter outside court first. Courts strongly prefer parties to settle. Offer to mediate, get a professional appraisal, propose a buyout, or invite a private sale. A negotiated buyout (one sibling buys out others) or a consensual sale will usually be faster and cheaper.
- Prepare and file the complaint in the correct court. If negotiation fails, file a partition complaint in the Hawaii circuit court where the property is located. The complaint should name all co-owners as defendants, describe the property with its legal description, state each party’s claimed interest, and request partition or sale. Circuit court information is available from the Hawaii Judiciary: Hawaii Circuit Courts.
- Serve the co-owners. After filing, you must serve the complaint and summons on all co-owners according to Hawaii civil procedure rules. If any owner cannot be located, the court has procedures for substituted service or service by publication.
- Court process and possible interim orders. The court may set a schedule for pleadings, require appraisals, and may appoint an independent commissioner (sometimes called a referee) to conduct a partition in kind or supervise the sale. If the court finds partition in kind impractical (for example, because the property cannot be fairly divided), it will usually order a sale and direct how proceeds are divided. See HRS § 669-3 regarding sale when partition in kind cannot be made: HRS §669-3.
- Sale process and distribution of proceeds. If the court orders sale, it may direct a public auction or a court-supervised private sale. The court will account for liens, taxes, expenses of sale, and costs of the partition action before distributing net proceeds pro rata according to owners’ interests.
- Costs, fees, and timeline. Expect court costs, appraisal fees, commissioner or referee fees, and likely attorney fees. The timeline varies: simple matters may resolve in months; contested matters with appraisals, discovery, and appeals can take a year or more.
How the court decides between partition in kind and sale
The court looks at whether the land can be physically divided fairly without substantially reducing value or harming any party. If physical division would produce unfair outcomes, the court will order a sale. HRS ch. 669 governs this balance and the court’s powers in partition actions: HRS ch. 669.
Practical example (hypothetical)
Suppose four siblings inherit a 10-acre lot; three want to sell while one refuses. The sibling who wants to sell can file a partition complaint in the circuit court where the property sits, naming all four as parties. The court will consider whether the 10 acres can be fairly split into separate parcels. If not, the judge likely orders a sale and divides proceeds according to ownership percentages after paying liens and sale costs.
What to expect if you lose or win
- If the court orders sale, you receive your share of the net proceeds when the sale completes.
- If the court orders partition in kind, the court, or an appointed commissioner, supervises a division of the land and any necessary adjustments in money to equalize shares.
- The court may allocate legal costs and, in some cases, award attorney fees against a party who acted in bad faith, but courts do not routinely cover all attorney fees.
Helpful Hints
- Collect title documents, the death certificate of the decedent (if applicable), and any probate filings before you talk to an attorney.
- Get a current, professional appraisal early. It helps settlement talks and supports the valuation the court will use if the dispute goes to sale.
- Consider mediation before filing. Courts encourage settlement and may require ADR in some cases.
- Talk to a real estate attorney about alternatives such as a buyout, partition-by-allotment (if practical), or a court-supervised private sale.
- Be aware of property tax, mortgage liens, and other encumbrances; these affect net proceeds.
- Document communications with co-owners. Written settlement offers and responses are useful evidence if the case goes to court.
- If a co-owner cannot be located, the court has procedures for substituted service or sale after notice by publication, but those add time and expense.
Key legal references:
– Hawaii Revised Statutes, chapter 669 (Partition): https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0700/HRS0669/
– Hawaii Judiciary — Circuit Courts: https://www.courts.state.hi.us/courts/circuit
For help with forms, procedural steps, or evaluating settlement offers, consult a Hawaii-licensed real estate litigator or a mediator familiar with partition cases.