Partition Actions in Hawaii | HI Legal Resources | FastCounsel

Forcing a Sale or Division of Family Land in Hawaii: How Partition Works and Next Steps

Can I force a sale or division of family land I co-own in Hawaii? Detailed answer — How partition works in Hawaii and what to expect If you and your siblings (and their children) co-own a parcel of land in Hawaii and you cannot agree about keeping or using it, the usual legal remedy is […]

Read article →

How to File a Partition Lawsuit in Hawaii: Step-by-Step Guide

Detailed Answer When co-owners cannot agree on how to divide real property in Hawaii, a partition lawsuit asks the court to force a division or sale so each owner receives their share. In Hawaii, partition actions are governed by the Hawaii Revised Statutes (see Chapter 669). The court will decide whether the property can be […]

Read article →

Filing a Partition Action in Hawaii to Force Sale of an Inherited Land Interest

FAQ: Forcing the sale of an inherited interest in family land under Hawaii law Disclaimer: I am not a lawyer. This article provides general information only and is not legal advice. For advice about your specific situation, consult a licensed Hawaii attorney. Detailed Answer What a partition action is and who can bring it A […]

Read article →

Can a Hawaii Court Appoint a Commissioner to Handle a Private Sale in a Partition Action?

Detailed Answer — How a Hawaii court handles appointment of a commissioner and private sales in partition matters This section explains, in plain language, how Hawaii courts generally treat requests to appoint a commissioner (sometimes called a referee or special master) to carry out a private sale of property in a partition action. It summarizes […]

Read article →

Hawaii: Negotiating a Buyout with a Co-Owner Instead of Partition

Detailed Answer — Can you negotiate a buyout instead of court-ordered partition in Hawaii? Short answer: Yes. In Hawaii, co-owners can generally negotiate a private buyout of one owner’s share instead of filing (or continuing) a partition action. Courts recognize and encourage private settlements, and a properly documented buyout and transfer will usually prevent or […]

Read article →

How to Force a Sale of Inherited Co‑Owned Land in Hawaii

Options for Selling Inherited Co‑Owned Land Under Hawaii Law This article explains the legal options, likely timeline, and practical steps if you co‑own inherited land in Hawaii and want to force a sale. It is written to help people with no legal background understand their choices. Disclaimer: This is general information and not legal advice. […]

Read article →

How to Arrange a Property Survey in Hawaii When You Co-Own with a Sibling

Detailed Answer If you and a sibling co-own real property in Hawaii and want a professional survey, follow a clear, documented process so the work is accurate and the cost and results are shared fairly. Below is a practical, step-by-step approach that assumes you start with no legal or surveying background. Confirm ownership and the […]

Read article →

Hawaii: Paying for a Property Survey When Co-Owners Disagree

Detailed Answer Short answer: Under Hawaii law, there is no automatic rule that one co-owner must pay for a survey when owners disagree. Co-owners can agree to share the cost, one owner can pay and later seek contribution, or a co-owner can file a partition or related court action asking the court to order a […]

Read article →

Keeping a Family Home in Hawaii When Multiple Heirs Own It: Options and Next Steps

Keeping a Family Home When Multiple Heirs Own It: Options Under Hawaii Law Disclaimer: This article is educational only and is not legal advice. For advice about a specific situation, consult a licensed attorney in Hawaii. Detailed Answer When a house passes to multiple heirs, co-ownership can create conflict. Hawaii law gives heirs several paths […]

Read article →

Hawaii: Partition Process When a Co‑Owner Is Incompetent and Has a Court‑Appointed Guardian

How Hawaii Courts Handle Partition of Property When a Co‑Owner Has a Court‑Appointed Guardian Short answer: In Hawaii, a partition action proceeds in circuit court under the state partition statutes. When one co‑owner has been adjudicated incompetent and has a court‑appointed guardian, the guardian generally steps in to represent the incompetent co‑owner’s legal and property […]

Read article →