How to Calculate and Recover Carrying Costs from a Co-Owner in Hawaii | Hawaii Partition Actions | FastCounsel
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How to Calculate and Recover Carrying Costs from a Co-Owner in Hawaii

Disclaimer: I am not a lawyer. This article is for educational purposes and does not constitute legal advice.

Detailed Answer

Understanding Carrying Costs

In a joint sale agreement, carrying costs are expenses associated with holding the property until closing. Common carrying costs include:

  • Mortgage interest
  • Property taxes
  • Insurance premiums
  • Homeowners association (HOA) fees
  • Utilities and maintenance

Step 1: Identify and Document Costs

Gather statements or invoices showing each expense. Note the date range and total amount for each category.

Step 2: Determine Ownership Shares

Review the joint sale agreement or deed to confirm each co-owner’s percentage share. If not specified, assume equal shares.

Step 3: Calculate Pro Rata Share

Multiply the total cost of each category by the co-owner’s ownership percentage. For example, if the interest payment is $4,000 and you own 50%, your pro rata share is $2,000.

Step 4: Demand Reimbursement

Send a written demand letter to the co-owner. Include:

  • A clear breakdown of costs and pro rata shares
  • Copies of supporting documents
  • A deadline for payment

Hawaii Law on Contribution and Partition

Under Hawaii law, co-owners have a right to contribution for necessary expenses. In a partition action, courts may equitably allocate costs.

HRS §651-1 allows any co-owner to bring a partition action.

HRS §651-6 authorizes the court to apportion expenses among co-owners.

Recovering Carrying Costs from a Co-Owner

1. Formal Demand Letter

Start with a written demand. Specify the amount owed, due date, and potential next steps if unpaid.

2. Mediation or Arbitration

Check your joint sale agreement for an alternative dispute resolution clause. Mediation can resolve disputes faster and at lower cost.

3. Partition Action

If negotiation fails, file a partition action in the appropriate circuit court. Request an accounting and contribution of expenses under HRS §651-6. The court can order the co-owner to pay their share before or after sale.

Helpful Hints

  • Maintain careful records of all expenses and communications.
  • Include specific language about cost sharing in your joint sale agreement.
  • Consult an attorney early if the co-owner disputes the amounts.
  • Use certified mail for demand letters to track delivery.
  • Consider small claims court for disputes under the small claims limit.

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.