Detailed Answer — who to name and why (Hawaii)

This section explains, in plain language, who you generally must name when you file a partition action in Hawaii. A partition action asks the court to divide or sell real property owned by two or more people so each person can receive their share. Correct party listing prevents delays, preserves rights, and avoids later challenges that can undo the result.

Basic rule: name everyone with a legally protectable interest

The people you should list as petitioners (plaintiffs) or as parties in the case include:

• All owners of legal title to the property (record owners). If multiple people hold title (tenants in common, joint tenants, trustees, corporate owners), list each record owner by name.
• Known equitable owners with a recognized interest. If someone has an enforceable equitable interest (for example, a purchaser under an unrecorded contract or a beneficiary with a transferable interest), they should be included or at least served so the court can resolve their rights.
• Mortgagees, judgment lienholders, and other secured creditors who hold recorded liens against the property. Their liens affect distribution of proceeds and must be addressed in the lawsuit.
• Personal representatives, executors, or administrators if an owner is deceased. The decedent’s estate should be represented by its court-appointed representative.
• Guardians or guardians ad litem for minors or declared incapacitated persons. Minors and those under disability cannot be bound unless properly represented.
• Trustees when property is held in trust. The trustee is the party of record; depending on the interest, you may also need to notify beneficiaries.
• Unknown or unlocatable claimants. If you cannot find people who might claim an interest, name them as “unknown heirs” or “John/Jane Doe” and follow the court’s rules for service by publication or alternative service.

Who normally files as petitioners?

Any co-owner who wants partition usually files the complaint. Multiple co-owners who agree can file together as petitioners. If a mortgagee or lienholder seeks partition to protect its security, it may also file. However, the court requires that all persons with an interest in the property be made parties (joined) so the court can bind them by its order.

Why full party joinder matters

If you fail to name a person with a present interest (an indispensable party), the court may dismiss the case or later re-open the distribution to give that person their rights. You could also face separate lawsuits from unnamed claimants who assert their interest.

Hawaii statutory framework

Hawaii law authorizes partition actions and sets rules for dividing property. See Hawaii’s partition statute at Chapter 669 of the Hawaii Revised Statutes for the governing provisions, including who may bring an action and how the court may order partition or sale: HRS §669-1 (right of partition) and related sections in HRS Chapter 669 (Partition). The court’s civil procedure and local rules govern joinder and service.

Common practical issues and examples

Hypothetical A: Two siblings hold title as tenants in common. One sibling files as petitioner and names the other sibling and any recorded mortgagee. That is appropriate. If there is an unrecorded equitable interest (for example, someone who paid part of the purchase price and claims a share), include or notify that person.

Hypothetical B: Owner A died leaving property titled in Owner A’s name and an estate open in probate. The personal representative must be named so the estate’s interest is resolved. If the heir is a minor, list the guardian or ask the court to appoint a guardian ad litem.

Hypothetical C: A bank holds a recorded mortgage. Even if the co-owners file the partition complaint, the mortgagee must be named and served so the court can handle the lien in the proceeds distribution.

Helpful Hints

• Start with a title search. Pull the chain of title and recorded liens at the Bureau of Conveyances to identify record owners, mortgages, judgments, and easements.
• List parties precisely. Use full legal names and identify fiduciaries (e.g., “Jane Smith, as trustee of the Smith Family Trust dated 1/1/2020”).
• Include parties by capacity. If an owner is deceased, name the personal representative; if a party is a minor, name the guardian or request a guardian ad litem.
• Name lienholders and secured creditors. Even if they are unlikely to participate, the court must resolve lien priorities against sale proceeds.
• Address unknown claimants. If you cannot identify a possible claimant, follow Hawaii rules for naming and serving unknown parties and consider service by publication when allowed.
• Consider alternatives before filing. Mediation, buyout offers, or partition by agreement can be faster and cheaper than litigation.
• Expect the court to require accounting. The court will often require an accounting of expenses, rents, taxes, and improvements before dividing proceeds.
• Consult a local attorney. Partition rules and service requirements are technical; an attorney can ensure all necessary parties are joined and served properly.