Detailed Answer — How the law works and what you can do

If you still co-own real property with an ex after a divorce, you have several legal and practical options in Hawaii to divide the asset or force a sale. Title does not automatically change when a divorce decree allocates property unless the parties or a court take further action to change title. Your primary legal remedy to compel an end to co‑ownership is a partition action under Hawaii law.

1. Partition action (court-ordered division or sale)

A partition action asks a court to divide co-owned real property among the owners (partition in kind) or, if division is impractical, to order a sale and divide the net proceeds among the co-owners. In Hawaii, partition procedures are governed by the partition statutes. See the basic statute on partition: HRS §669-1.

Key points about partition:

• The action is typically filed in the circuit court where the property lies.
• The complaint must name all co-owners and anyone with recorded interests (liens, mortgages). The court can order notice to be given to interested parties.
• The court will consider whether the property can be physically divided (partition in kind). If division would be unfair or impractical, the court can order a sale and divide sale proceeds after paying liens, costs, and commissions.
• The court can appoint a commissioner or referee to conduct the sale and handle distribution of proceeds.

2. Enforce a divorce settlement or deed-based transfer

If your divorce decree or marital settlement agreement ordered that one spouse receive the property but title was never transferred, you may have remedies:

• You can ask the family court or a civil court to enforce the settlement as a contract (specific performance), or to order the transfer of title per the decree.
• If the decree awarded property but did not change the recorded deed, you may need a quitclaim deed or other recorded instrument to remove the other name from title. If the other party refuses, a partition action or an enforcement action based on the divorce order are common next steps.

3. Voluntary solutions (often faster and cheaper)

Court is not the only option. Consider these first:

• One co-owner buys out the other for an agreed sum (refinance to remove the other name if there is a mortgage).
• Agree on a private sale and split the net proceeds per your agreement or divorce judgment.
• Mediation or settlement negotiations to avoid litigation costs and delay.

4. Practical considerations when a mortgage or liens exist

If a mortgage exists in one or both names, the mortgage stays on the property until paid or refinanced. A court-ordered sale will typically pay off mortgages and liens from proceeds before distributing the remainder to co-owners. If your ex refuses to cooperate with a refinance or deed transfer, partition can force sale even when a mortgage exists, but the lender’s lien must be satisfied at closing.

5. Timing, costs, and likely outcomes

Partition cases can take many months (commonly 6–18 months) depending on court backlog, complexity, and whether the property must be sold. Costs include court filing fees, attorney fees, appraisal and commissioner fees, and sale costs. If the property can be divided fairly, the court may order partition in kind; otherwise it will order a sale and split the net proceeds among owners according to their ownership interests.

6. When to consider quiet title, ejectment, or other civil claims

In some situations—e.g., if one party is occupying the property and asserting exclusive rights—you may have additional civil claims (quiet title, ejectment, or an action to enforce the divorce decree). The appropriate claim depends on the facts and recorded interests.

7. How divorce property distribution interacts with post-divorce title

Hawaii family court can divide marital property in divorce under the divorce statutes (see the property distribution provisions of the divorce statutes: HRS §580-47 and related sections). However, a family court order does not automatically change the county’s recorded title; you still need a recorded deed or compliance mechanism to effect that change. If the other party does not record a deed or comply, you can seek enforcement in court or pursue partition.

8. Practical next steps

1. Gather documents: recorded deed, mortgage statements, divorce judgment or settlement, tax records, and any communications about ownership or offers.
2. Talk to your ex about buyout, refinance, or sale. Consider mediation to reach an agreement quickly and cheaply.
3. If voluntary resolution fails, consult a Hawaii real property attorney about filing a partition action or an enforcement action tied to the divorce decree.
4. Be prepared for costs and time; ask an attorney for a case timeline and cost estimate upfront.

Where to file and local rules: Partition and title disputes are typically filed in the circuit court for the county where the property is located. Local court rules and procedures matter, so check the circuit court’s website or consult an attorney.

Important statutory references (Hawaii):

• Partition statute (general): HRS §669-1.
• Divorce and property distribution (family court authority): HRS §580-47 (and related sections of HRS chapter 580).

Reminder: this is general information only and not legal advice.

Helpful Hints — Practical checklist if you want to end joint ownership

• Collect key documents: recorded deed, divorce decree or separation agreement, loan/mortgage statements, property tax records, insurance policies, HOA documents, and communications about offers.
• Confirm how you hold title (joint tenants with right of survivorship, tenants in common, etc.). Title form affects rights and remedies.
• Check for recorded liens and mortgages at the county bureau/recorder. Liens travel with the property and will be paid from sale proceeds.
• Try a buyout or mediated settlement first—cheaper and faster than court.
• If you pursue partition, expect to pay court costs, appraisals, and potential commissioner fees. Ask for an estimate from your attorney.
• If the divorce judgment awarded the property to one spouse but title was not transferred, seek enforcement of that judgment before or instead of partition.
• Ask whether a refinance is possible to remove your name from the mortgage. Lenders usually require income/credit review of the remaining borrower.
• Consider tax consequences of a sale (capital gains, basis adjustments) and consult a tax professional if needed.
• Get advice from a Hawaii real property attorney early—timeline and strategy vary by county and by whether the property is income-producing, mortgaged, or subject to other encumbrances.

Finding help: Look for an attorney experienced in Hawaii real estate litigation and family law enforcement, or a mediator who handles property division. Courts and legal aid organizations in Hawaii can also provide procedural information.

Final note: This article explains common legal paths and practical steps under Hawaii law. It does not substitute for personalized legal advice. Contact a licensed Hawaii attorney to review your deed, divorce paperwork, and the facts specific to your situation.