Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
Under Hawaii law, a partition action allows co-owners of real property to divide interests or force a sale when division in kind is impracticable. See HRS §634-1 (Persons entitled to partition).
To initiate a partition, a co-owner files a complaint in the circuit court where the property lies. The complaint must name all co-owners and interest holders, including mortgagees. After service, the court reviews titles and ownership interests. The court may order a division in kind if it can be done without prejudice. If physical division would harm the property or unfairly affect owners, the court orders a sale. See HRS §634-12 (Sale when partition cannot be made).
When the court orders a sale, it typically appoints a commissioner to oversee the process. The commissioner appraises the property, publishes notice of sale, and conducts a public auction. Interested buyers submit bids, and the court holds a confirmation hearing to approve the sale. Once confirmed, the commissioner distributes the net proceeds among parties according to their ownership shares, after paying liens, costs, and fees. See HRS §634-18 (Distribution of sale proceeds).
Co-owners may agree on terms or buy out other interests to avoid sale. If parties reach a settlement, the court can dismiss the action and enter the agreement as an order.
Helpful Hints
- Identify all co-owners and lienholders before filing.
- Review title records to confirm ownership percentages.
- Consider negotiation or buyout offers early to avoid costs.
- Understand commissioner’s fees and court costs.
- Attend hearings and provide evidence of ownership and valuation.
- Consult a real estate attorney for procedural guidance.
- Allow time for appraisal, notice periods, and confirmation hearings.