Detailed Answer
Under Hawaii law (HRS Chapter 651), a partition action allows co-owners to divide or sell real property when they cannot agree on its use or disposition. Below are the key steps:
1. Establish the Right to Partition
A co-owner may maintain a partition suit under HRS §651-1. This section grants the right to seek partition when two or more persons hold undivided interests in the same property (HRS §651-1).
2. File the Complaint
Prepare and file a complaint in the appropriate court. The complaint must describe the property, identify all co-owners and their interests, and state the relief sought per HRS §651-3 (HRS §651-3).
3. Joinder and Service of Process
Include all co-owners as parties in the action. Serve each party according to the Hawaii Rules of Civil Procedure, Rule 4, to provide proper notice of the partition proceeding.
4. Consent and Private Partition
If all co-owners agree, they may file a written consent and stipulation for a private partition. The court can then order a division of the property or a sale without contested litigation per HRS §651-6 (HRS §651-6).
5. Appointment of a Commissioner
The court appoints a partition commissioner to inspect, value, and divide or oversee the sale of the property under HRS §651-7 (HRS §651-7).
6. Commissioner’s Report and Confirmation
The commissioner files a written report detailing the proposed division or method of sale per HRS §651-8 (HRS §651-8). Co-owners may file objections within the time allowed under HRS §651-9 (HRS §651-9). After hearing, the court confirms or modifies the report per HRS §651-10 (HRS §651-10).
7. Distribution or Conveyance
Once confirmed, the commissioner executes deeds to the divided parcels or handles the sale proceeds distribution among co-owners based on their interests.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Please consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Review your title and survey documents early.
- Identify and locate all co-owners before filing.
- Consider informal negotiation or mediation to save time and costs.
- Retain a professional appraiser to establish fair market value.
- Document all communications with co-owners and the commissioner.
- Be aware of court fees and potential commissioner fees.
- Monitor deadlines for filing objections after the commissioner’s report.