How to Force a Partition Sale of a Co-Owned House in Hawaii

Disclaimer: This is educational information only and not legal advice. For advice about your specific situation, consult a licensed Hawaii attorney.

Detailed Answer — Forcing a Partition Sale under Hawaii Law

If you and a sibling inherited your late father’s house and now own it together, you can generally force a partition sale if you cannot agree on what to do with the property. In Hawaii, a partition action is a civil lawsuit that asks the court to divide the property among the co-owners (partition in kind) or, if division is impractical, order a sale and divide the proceeds among the owners according to their ownership shares.

1. Who may file

Any person who holds an ownership interest in the real property (a deeded co-owner or someone with legal title) can file a partition action in the circuit court for the island where the property lies. That usually includes heirs who received title through probate or transfer. If title is unclear, you may need to resolve title issues (for example, by probate or quiet title) before—or at the same time as—bringing a partition action.

2. Where to file

File a partition complaint in the Hawaii Circuit Court in the county where the property is located. The court has authority to order partition and sales of real property belonging to co-owners.

3. Basic steps in the partition process

1. Attempt resolution first: Courts expect co-owners to try negotiating or mediating. A buyout, a negotiated sale, or a formal mediation often saves time and money.
2. Prepare and file the complaint: The complaint names the co-owners and requests partition. It describes the property, each owner’s interest, and asks the court to divide or order a sale.
3. Service and responses: Co-owners must be served with the complaint. They can respond, raise defenses, or assert counterclaims (for example, claims that someone holds an exclusive interest or that the property is not subject to partition).
4. Valuation and evidence: The court may order appraisals or hire a commissioner/commissioner’s agent to value the property and recommend how to partition or sell it.
5. Partition in kind or by sale: If the court finds the property can be fairly divided (partition in kind), it may allocate specific portions to owners. If division is not practical or would materially impair value, the court usually orders a sale and divides the net proceeds by ownership shares.
6. Sale process: The sale can be a public auction or private sale approved by the court. Sale proceeds are distributed after paying liens, mortgages, taxes, court costs, and authorized attorney fees.

4. What the court considers

The court balances fairness and practicality. If splitting the land or structure would create impractical parcels or reduce value, the court tends to order a sale. If the property has distinctive features (a family homestead, a small island parcel, or improvements that cannot be split), partition in kind may be impractical.

5. Costs, liens, and distribution

Liens (mortgages, tax liens) typically must be paid first from sale proceeds. The court also can award expenses of the partition action — including reasonable attorney fees — to be paid from the proceeds in proportion to ownership or as the court deems just. Net proceeds divide according to each owner’s legal interest (e.g., equal shares if you and your sibling are equal co-owners).

6. When title or probate issues exist

If the property remains part of an open probate, you may need to resolve the probate estate so that legal title is clear before a partition can effectively proceed. In some cases, partition and probate actions run concurrently; an attorney can advise the best sequencing for your county and situation.

7. Timeline and enforcement

Partition cases can take several months to more than a year depending on complexity, contested issues, and whether the parties settle. Once the court orders a sale, the clerk, a commissioner, or a referee carries out the sale process. If a party refuses to vacate after sale, the purchaser may request enforcement (eviction) through the court.

8. Relevant Hawaii statutes and resources

Hawaii law provides the framework for partition actions and civil procedure through the Hawaii Revised Statutes and the Hawaii Judiciary. For statutory language on partition and related procedures, consult the Hawaii Revised Statutes and the Hawaii Judiciary website. Example resources:

• Hawaii Revised Statutes (searchable) — use the site search to look up “partition” and related chapters.
• Hawaii State Judiciary — procedural information, court locations, and filing requirements.

Helpful Hints

• Document your ownership: collect deeds, the will or probate papers, mortgage statements, and tax records before you speak to an attorney.
• Ask for a professional appraisal early. A neutral appraisal clarifies value and supports settlement or court proceedings.
• Try mediation: courts encourage settlement. A mediated buyout (one sibling buys out the other) often saves money and preserves family relationships.
• Consider a buyout formula: use appraisal value minus outstanding liens, then split net value by ownership shares. Include prorated closing costs and taxes.
• Be mindful of costs: partition suits can be expensive. Compare litigation costs to the expected net sale proceeds.
• Watch for liens and tax obligations: unpaid mortgage payments, HOA dues, or property taxes can affect what you receive from a sale.
• Talk to a real estate attorney in Hawaii early to discuss strategy (mediate, buyout, or litigate) and to confirm which court filings you need.
• Know the emotional stakes: consider whether keeping the house has nonmonetary value to family members; that can affect settlement options.

If you want practical next steps, gather the property deed and any probate documents and consult a Hawaii real estate attorney or a legal aid clinic to review your options for negotiation, mediation, or filing a partition action.