How to File a Partition Action in Hawaii to Force Sale of Co-Owned Real Property

Who may ask the court to divide or sell property?

Any person who has an ownership interest in real property located in Hawaii can ask the circuit court to partition the property. That includes co-owners who hold title as tenants in common or as joint tenants. If you and your sister each own a share and she will not agree to sell or transfer her share, you can file a partition action in the appropriate Hawaii Circuit Court.

Which law governs partition actions in Hawaii?

Partition actions are governed by Hawaii statutes on partition. See Hawaii Revised Statutes, Chapter 669 (Partition). A good starting point is the chapter overview: HRS Chapter 669 — Partition. Specific section numbers describe procedure and remedies; consult the chapter for statutory language.

Where to file the case

File in the Hawaii Circuit Court for the county where the property is located. The Circuit Courts handle cases involving title and partition of real property. Visit the Hawaii State Judiciary site for contact information and forms: Hawaii State Judiciary.

Basic steps to start a partition action

1. Identify your legal interest and collect documents. Get the deed, title report, tax bills, mortgage statements, and any written agreements about the property. Determine whether the ownership is tenants in common or joint tenancy.
2. Try to resolve the matter without court. Send a clear written demand offering options: sale and split, buyout of the other owner’s share (with suggested price or appraisal), or mediation. Courts often require you to show you attempted negotiation.
3. Prepare and file a complaint for partition. The complaint names the property, describes each owner’s interest, and asks the court to order partition by physical division (partition in kind) or sale (partition by sale) if division is impractical.
4. Serve the co-owner(s). Legally serve your sister and any other interested parties (lienholders, mortgagees) with the complaint and summons following Hawaii rules of civil procedure.
5. Request temporary relief if needed. If occupancy or improvements are at issue, you can ask the court for temporary orders (e.g., exclusive possession, rent accounting, or insurance/maintenance obligations) while the case proceeds.
6. Discovery and valuation. Parties exchange information. The court will usually order a real estate appraisal or appoint commissioners to value the property and report whether physical partition is feasible.
7. Court determines partition type. If the court finds physical division is impractical or unfair, it will order a sale and prescribe the sale method (e.g., public auction or private sale subject to court approval) and division of proceeds after liens, taxes, and costs are paid.

What the court can order

The court can:

• Order partition in kind (divide the property into separate portions) if practicable.
• Order partition by sale and divide net proceeds among owners according to their interests.
• Appoint commissioners, referees, or a special master to value, divide, or sell the property and report to the court.
• Resolve priority of liens and mortgages and direct how sale proceeds are applied.

Hawaii’s statutes lay out the court’s powers in partition actions. For statutory text, see HRS Chapter 669.

Common issues that affect a partition case

• Title type. Joint tenancy may require severance before partition; tenants in common are straightforward subjects for partition.
• Mortgages and liens. A mortgage attached to the property remains; the court will direct the sale proceeds to satisfy liens in proper order.
• Occupancy and rent. If one co-owner occupies the property exclusively, the court can order accounting for rent or set terms for occupancy during the litigation.
• Costs and attorney fees. Courts generally allocate sale costs and may allocate attorney fees in limited circumstances; check HRS or ask counsel about fee recovery options.

Timeline and likely costs

Timelines vary. A simple uncontested partition can resolve in a few months. Contested cases with valuation disputes, minor children, or complex title issues can take a year or longer. Costs include filing fees, service fees, appraisal fees, commissioner fees, court reporter fees (if trials/hearings need them), and attorney fees if you hire counsel. Expect appraisal and sale-related costs to come out of sale proceeds as the court orders.

Practical alternatives to immediate litigation

• Offer a buyout with a written offer and a deadline.
• Use mediation to reach a settlement without court expense.
• Agree to a listing and sale with each party receiving their share of proceeds after closing costs and liens.
• Consider temporary rental and split of rental income while negotiating.

When should you hire an attorney?

Consider hiring a Hawaii attorney if any of the following apply: complex title issues; mortgages or multiple liens; one party refuses to cooperate; occupancy disputes; tax or family-law entanglements; or if the projected sale proceeds are significant enough to justify legal fees. An attorney can prepare pleadings, handle service, run discovery, negotiate, and represent you at hearings.

Helpful procedural resources

• Hawaii Revised Statutes — Partition: HRS Chapter 669.
• Hawaii State Judiciary — Circuit Court information and contact pages: https://www.courts.state.hi.us/.

Helpful Hints

• Gather deeds, mortgage statements, tax bills, insurance policies, and any written agreements before you file.
• Try a written buyout offer or mediation first; courts favor settlement when possible.
• Confirm the county and Circuit Court where the property sits; that is where you must file.
• Prepare for appraisal costs; the court typically orders a valuation to decide whether physical division is feasible.
• Keep records of payments you’ve made (mortgage, taxes, improvements) — the court may consider equitable adjustments.
• If your co-owner is absent or cannot be found, the court has procedures for substituted service; you may need to show reasonable efforts to locate them.
• Expect costs and possible reduction of net proceeds after liens, taxes, and sale expenses; run a rough estimate before filing.
• Ask the court about temporary orders if occupancy, safety, or maintenance is at risk while the case proceeds.