Detailed Answer — How co-owners start a partition action in Hawaii

Short overview: When two or more people own the same real property and they cannot agree on possession, use, sale, or division, one or more co-owners may ask a court to divide the property or order its sale and split the proceeds. In Hawaii this is done by filing a partition action in the state court that has jurisdiction over the property. The process begins with effort to resolve the dispute, then a written court filing (complaint or petition), service on the other parties, and a court process that leads to either division (partition in kind) or sale.

Statutes and court rules (where to read the law)

Hawaii’s statutes and court rules govern partition procedures and civil practice. You can review the Hawaii Revised Statutes and current court rules online:

Hawaii State Legislature — Hawaii Revised Statutes (search for “partition” or related terms): https://www.capitol.hawaii.gov/hrscurrent/
Hawaii State Judiciary — court rules and forms: https://www.courts.state.hi.us/

These sites provide the controlling statutes, filing rules, and local court procedures you’ll need to follow.

Step-by-step: How co-owners initiate a partition action in Hawaii

Confirm ownership type and title: Determine whether the property is held as tenants in common or joint tenants, and identify all owners, lienholders, and recorded interests by running a title search or consulting the county Bureau of Conveyances (Oahu) or the appropriate island recorder.
Try to settle first: Many disputes end with negotiation, mediation, or a buyout. A written demand or settlement offer gives proof you tried to resolve the matter and often reduces costs. Consider a buyout where one co-owner pays the fair market value for the other’s share.
Engage an attorney (recommended): A lawyer experienced with real property and partition litigation can prepare the case, identify required parties, prepare pleadings, and represent you at hearings. If funds are limited, courts sometimes provide forms or self-help guidance via the Judiciary website.
Prepare the complaint (petition): The complaint to start the partition action typically states: the description of the property, the names and addresses of all co-owners and known lienholders, the type of co-ownership, the share claimed by each plaintiff, the relief sought (partition in kind, or sale and division of proceeds), and any requests for an accounting or appointment of a commissioner to divide or sell the property.
File in the correct court and pay filing fees: File the complaint in the circuit court with jurisdiction where the property is located. Attach any required exhibits (deed, title report). Pay the filing fee or apply for in forma pauperis status if eligible.
Serve all interested parties: Provide proper service of process to all co-owners, mortgage holders, lienholders, tenants, and any other party with a recorded interest in the property. Hawaii rules require personal or substituted service consistent with the Rules of Civil Procedure.
Default or answer: Defendants usually have a fixed period to answer. If they don’t answer, you may seek default judgment. If they answer, the case proceeds through discovery, possible motion practice, and settlement efforts.
Discovery and valuation: Parties often exchange information, obtain appraisals, and resolve questions about liens, contributions for improvements, or reimbursement claims.
Hearing, trial, and remedies: The court will decide whether partition in kind (dividing the land) is practical. If it is not practical or would be inequitable, the court may order a judicial sale and distribute proceeds after paying liens, costs, and attorney fees. The court may appoint a commissioner, referee, or special master to sell the property and handle distribution.
Sale and distribution: If sale is ordered, the court supervises the sale method (private sale, auction, or judicial sale), approves sale terms, confirms the sale, and orders distribution of net proceeds to owners according to their shares and after payment of liens and costs.

What your complaint should generally include

Clear legal description and street address of the property.
Identification of all co-owners, their claimed shares, and how title is held.
A statement of why partition is necessary (e.g., irreconcilable disagreement, physical division impracticable).
Whether you ask for partition in kind or sale, or leave the choice to the court.
Requests for any accounting, lien determinations, or credits (for mortgage payments, improvements, taxes, etc.).
A demand that the court appoint a commissioner/referee to divide or sell, and for payment of costs and attorney fees if warranted.

Common legal issues and practical considerations in Hawaii

– Type of ownership matters: Tenants in common may always seek partition. Joint tenancy may require severance of the joint tenancy before partition issues proceed. Determine the nature of title early.

– Homestead and family residence protections: If the property is a primary family residence, homestead or family protections (and any pending family court matters) can affect the timing and availability of partition.

– Liens, mortgages, and taxes: Encumbrances remain attached to the property and generally must be paid from sale proceeds. Mortgages can complicate who must be named and served.

– Costs and credits: Courts often account for unequal contributions (mortgage payments, tax payments, or improvements). A co-owner who paid to maintain or improve the property may seek reimbursement or credit against proceeds.

– Minor or incapacitated owners: Special procedures apply for serving and protecting minors or those under guardianship; a guardian ad litem or court-appointed representative may be required.

– Possibility of settlement: Even after filing, parties often settle (sale with agreed terms, buyout, or partition in kind).

Typical timeline and likely costs

Simple agreed partitions can take a few months. Contested cases often take a year or longer depending on discovery, appraisal, and court scheduling. Litigation costs include filing fees, service costs, appraisal fees, attorney fees, and commissioner fees. Courts may allocate some fees and costs between parties depending on outcomes and equities.

Practical advice before you file

Run a title report and list all recorded interests.
Try settlement or mediation first — it’s faster and cheaper.
Gather records that show contributions: mortgage payments, taxes, improvements, rent, and expenses.
Get at least one market appraisal so you and the court have a valuation baseline.
Ask an attorney about whether to seek partition in kind or ask for sale right away.

How an attorney can help

An attorney can prepare the complaint correctly, identify necessary parties, handle service, protect your contributions with claims for credit, and represent you at hearings or settlement talks. If you want to try self-help, check the Hawaii Judiciary site for forms and instructions, but complex title and accounting issues usually benefit from legal counsel.

Helpful Hints

Before filing, send a clear written demand for partition or buyout — courts favor parties who tried to resolve disputes.
Document all payments you made toward the property (mortgage, taxes, utilities, repairs).
Run a thorough title search at the county recorder to identify all owners and lienholders to avoid missing parties and having your case dismissed or delayed.
Get a professional appraisal early — it helps negotiations and supports equitable distribution arguments.
Consider mediation to avoid court costs; many courts encourage mediation in property disputes.
Ask about temporary possession orders if you’re excluded from or locked out of the property.
Be realistic about whether the land can be divided physically; the court will consider whether partition in kind is practical.
Keep records of communications with co-owners; a clear paper trail helps at court and in settlement.

Next steps: If you are thinking of filing, start by getting a title report, contacting an attorney or the Hawaii Judiciary self-help resources, and preparing documentation of ownership and payments. Early negotiation or mediation often saves time and money.

Disclaimer: This article explains general procedures for starting a partition action in Hawaii and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Hawaii attorney.