Detailed Answer

When co-owners cannot agree on how to divide real property in Hawaii, a partition lawsuit asks the court to force a division or sale so each owner receives their share. In Hawaii, partition actions are governed by the Hawaii Revised Statutes (see Chapter 669). The court will decide whether the property can be divided physically (partition in kind) or whether it should be sold with proceeds distributed among the owners (partition by sale).

Who can start a partition action?

Any person who holds an ownership interest in real property (for example, a tenant in common or a joint tenant) may file a partition complaint. A purchaser who acquired title and is named on the deed may also sue. You should join as defendants all known co-owners and any parties with recorded liens or claims on the property so the court can resolve all interests at once. For the statutory framework, see Hawaii Revised Statutes, Chapter 669: HRS Chapter 669 — Partition.

Where to file

File the action in the Hawaii circuit court for the circuit where the property is located. The complaint should describe the property, state each party’s claimed interest, and request partition or sale.

Typical procedural steps

Prepare and file the complaint. The complaint should identify the property (legal description if possible), name all co-owners and lienholders, state the nature and extent of the plaintiff’s interest, and ask the court to partition the property or, if partition in kind is impractical, to order a sale.
Serve all parties. Serve the complaint and summons on all co-owners, mortgagees, and other interested parties according to Hawaii service rules.
Response and joinder. Defendants typically file answers. Interested parties (creditors, lienholders) may be joined so their claims are resolved in the same action.
Pretrial procedures. The court may set deadlines for disclosures, appraisals, and inspection. Parties often exchange evidence about property value and the feasibility of dividing it.
Commissioners or referees. If the court orders partition in kind, it often appoints commissioners (neutral appraisers) to physically divide the property. For complicated divisions, the court supervises the process to ensure equitable division.
Partition by sale. If division in kind is impracticable, inequitable, or would materially reduce value, the court orders sale. The court may direct how the sale is conducted (public auction or private sale), set bidding rules, and approve the sale terms. The proceeds are used to pay mortgages, liens, taxes, costs, and then distributed among owners according to their ownership shares.
Accounting and distribution. After sale or division, the court oversees accounting for payments of debts, credits for improvements or contributions, and final distribution of cash or allocated parcels.
Entry of final judgment. The court issues a judgment that conveys title or approves sale proceeds distribution. The judgment resolves co-owners’ competing claims to the property.

Important legal issues the court will consider

Feasibility of partition in kind. Can the property be physically divided into reasonably equal shares without materially diminishing value? If not, the court may order sale.
Valuation. The court relies on appraisals and evidence of market value to decide fairness, division method, and distribution of proceeds.
Liens and mortgages. Prior recorded liens attach to the property; proceeds from sale must satisfy them before distribution. Parties with lien rights must be joined.
Contributions, improvements, and offsets. The court may credit owners who paid mortgages, taxes, or made improvements, or charge owners who caused waste.
Costs and attorneys’ fees. The court may award costs and reasonable attorney fees as allowed under statute or contract; check the pleadings and any agreement among the parties.

Common timelines and costs

There is no fixed timeline. Simple uncontested partitions may finish in a few months; contested cases with disputes, complex divisions, or sales can take a year or more. Costs include filing fees, service fees, appraisal and survey fees, commissioner fees, advertising and sale costs (if sold), and legal fees. Liens, title problems, and contested valuations increase time and expense.

Alternatives to a partition lawsuit

Before filing, consider less adversarial options: negotiation, buyouts (one owner buys out others), sale by agreement and dividing the proceeds, mediation, or a voluntary division by deed. These options often save time and money.

Practical tips for the filing party

Gather title documents: deed, title report, mortgage records, and liens.
Get a current appraisal and, if applicable, a survey to show how the property could be divided.
Identify and locate all co-owners and lienholders to avoid service defects.
Document any investments, mortgage payments, taxes, or improvements you made to support claims for contribution or credit.
Consider mediation or a negotiated sale before asking the court to force a sale.

For the governing statutes on partition in Hawaii, see the Hawaii Revised Statutes, Chapter 669: HRS Ch. 669 — Partition. For general civil procedure and circuit court locations, consult the Hawaii State Judiciary: courts.state.hi.us.

When to consult an attorney

If the property is valuable, if significant liens exist, if disputes over shares or credits are likely, or if co-owners cannot be located, consult a licensed Hawaii attorney who practices real property litigation. An attorney can prepare pleadings, identify necessary parties, advise on local practice and court rules, and protect your financial interests during sale or division.

Disclaimer: This article provides general information about Hawaii partition procedures and is not legal advice. It does not create an attorney-client relationship. For advice about a particular situation, consult a licensed attorney in Hawaii.

Helpful Hints

Start by collecting the deed, title report, mortgage statements, tax bills, and records of improvements.
Try mediation or a buyout first — court action is costly and time-consuming.
Obtain at least two independent appraisals to show market value and to support a request for partition by sale if appropriate.
Include lienholders in the lawsuit to prevent later claims against the buyer or sale proceeds.
Ask the court for a stay or receiver if the property is being mismanaged or neglected while suit is pending.
Expect the court to prefer partition in kind when it is practical and preserves value.
Plan for taxes: sale proceeds can have capital gains or other tax consequences; consult a tax professional.
Keep careful records of payments you make toward mortgage, taxes, utilities, and improvements.