Detailed Answer: How to file a partition action in Hawaii to force sale or get a sibling to buy out your share

Short answer: In Hawaii, a co-owner of real property (usually a tenant in common) can ask the circuit court to divide the property by filing a partition action under Hawaii law (see Hawaii Revised Statutes, Chapter 668). The court will try to divide the land in kind if feasible. If the land cannot be fairly divided, the court can order a public sale and divide the proceeds after paying liens and costs. As an alternative to sale, you can negotiate a buyout with your sibling — typically based on a current appraisal or agreed valuation — and record the resulting deed after payment.

Who can file and when

Any person with a legal or equitable interest in the property may file a partition action. This most commonly includes co-owners holding as tenants in common. If ownership is by joint tenancy with right of survivorship, the surviving joint tenant usually owns the entire property and a partition action may not be appropriate. Before filing, confirm ownership by reviewing deeds and title records.

Key Hawaii legal reference

The main Hawaii statute for partition actions is Chapter 668 of the Hawaii Revised Statutes. For the statute text and related sections, see the Hawaii legislature site: HRS Chapter 668 — Partition. For where to file, see the Hawaii Judiciary site: Hawaii Circuit Courts.

Step-by-step process

Confirm ownership and legal interests.

Obtain the deed(s), death certificates if parents passed, and a current title report or copy of the property record. Determine whether the property is held as tenants in common, joint tenants, or is in a trust. If the property is in a trust or the title transferred by probate, consult the trust documents or probate file to see who holds legal title.
Try negotiation and a buyout first.

Courts generally prefer parties to settle. Ask for a buyout in writing and propose using a professional appraisal or agreed valuation method. If you and your sibling reach a buyout agreement, have it written, perhaps with an escrow closing and a deed transferring the selling interest.
Obtain an appraisal and title search.

Get a market appraisal to establish full value. Also do a title search to identify mortgages, liens, taxes, or other encumbrances that affect distribution of sale proceeds.
File the partition complaint.

If negotiation fails, file a complaint for partition in the circuit court where the property lies. The complaint must name all co-owners and all parties with recorded interests (mortgage holders, lien holders). The court paperwork should describe the property, each party’s claimed interest, and the relief requested (partition in kind or partition by sale).
Service and response.

Serve all defendants with the complaint and summons according to Hawaii rules. Those parties may respond or raise defenses. The court may schedule hearings.
Court process and evidence.

The court examines whether a partition in kind (physical division) is fair and feasible. If the court finds division in kind impractical, it will order a public sale and divide proceeds. The court may appoint a commissioner, referee, or special master to handle valuation, sale, or division tasks under HRS Chapter 668.
Sale, distribution of proceeds, and liens.

If the property is sold, proceeds pay mortgages, liens, taxes, court costs, and sale expenses. The remainder distributes to owners by their ownership shares.

How a buyout normally works

To be bought out, obtain a current appraisal to set fair market value. Your share equals your ownership percentage (for example, 50% of value if you own half). Negotiate net buyout price after accounting for outstanding debts and closing costs. Put any agreement in writing and close with escrow to transfer funds and record the deed.

Practical timing and costs

Partition litigation can take several months to over a year, depending on contested issues, court backlog, and sale logistics.
Costs include filing fees, service fees, appraisal costs, attorney fees (if you hire counsel), commissioner/referee fees, and sale expenses. The court may allocate some costs among parties.
Mediation or negotiated buyout is usually cheaper and faster than litigation.

Documents to gather before proceeding

Recorded deeds and chain of title
Death certificates, wills, probate or trust documents if applicable
Mortgage statements and payoff information
Property tax records and insurance information
Existing lien documents or judgments
Any written agreements among co-owners (co-ownership agreement)

Other legal issues to consider

Homestead or family protections: check whether homestead protections or exemptions apply to the property.
Probate or trust implications: if title passed through probate or is in a trust, coordinate with the probate or trust fiduciary before filing.
Tax consequences: selling or conveying an ownership share can create capital gains or other tax consequences. Consult a tax professional.

When to get help from an attorney

Consider hiring an attorney if the case involves complex title issues, unresolved liens, ferocious disagreement among owners, or if you want to preserve or challenge a claim (for example, unequal contributions to purchase or improvements). An attorney can prepare the complaint, handle service and court hearings, and advise on settlement strategies including buyout formulas.

Helpful Hints

Start by confirming ownership: a title report saves time and prevents surprises.
Use a neutral appraisal to set a fair buyout price and reduce disputes.
Propose mediation early; many courts encourage or require alternative dispute resolution.
Include mortgage payoffs and closing costs in buyout calculations to avoid later disputes.
If you file, name all parties with recorded interests (mortgages, liens, trustees) to avoid later challenges.
Keep written records of all communications and offers between co-owners.
Check the Hawaii statutes: review HRS Chapter 668 (Partition) for statutory rules and procedures.
Visit the Hawaii Judiciary site for filing locations and local court rules: Hawaii Circuit Courts.

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general information about partition actions under Hawaii law to help you understand the process and prepare questions for an attorney. For advice about your specific situation, consult a licensed Hawaii attorney.