Partition Actions in Hawaii | HI Legal Resources | FastCounsel

How can I get my share of the net proceeds after the partition sale of a co-owned house? (HI)

Getting Your Share of Net Proceeds After a Partition Sale in Hawaii Detailed answer — how the process works and what you must do If a court orders a partition sale of a co-owned house in Hawaii, the court supervises the sale and the distribution of the money. To get your share of the net […]

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What are my options for avoiding a costly court-ordered partition while still getting paid my full share? (HI)

Detailed Answer When co‑owners of real property disagree about continued ownership, a court-ordered partition is a legal remedy that forces physical division or sale of the property. In Hawaii, a partition action is governed by the Hawaii Revised Statutes (see Chapter 669). But a contested court partition can be costly, slow, and can reduce the […]

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How will the sale proceeds be divided among co-owners after the property is sold in a partition? — HI

What happens to the sale proceeds after a court-ordered partition sale in Hawaii? This FAQ explains how courts typically divide money from the sale of co-owned real property in a partition action under Hawaii law. It uses plain language and hypothetical examples to help you prepare for the process. Detailed Answer When a court orders […]

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How can I file a partition-for-sale suit in Hawaii when a minority of the siblings won’t agree to sell our inherited land? (HI)

Disclaimer: This article is for general informational purposes only and is not legal advice. If you need advice about your specific situation, consult a licensed Hawaii attorney. Detailed Answer — How partition-for-sale works in Hawaii and how to start one If you inherited real property with siblings and one or more co-owners refuse to agree […]

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Can heirs of a deceased sibling be included in a partition action in HI?

Including Heirs of a Deceased Sibling in a Hawaii Partition Action — Detailed FAQ Detailed Answer Short answer: Yes. If a sibling who owned an interest in real property died, that sibling's heirs (or the personal representative of the sibling's probate estate) are ordinarily necessary parties to a partition action in Hawaii because they now […]

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Who should be listed as petitioners on the partition lawsuit in Hawaii (HI)

Who should be listed as petitioners on a partition action in Hawaii? 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 […]

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How can I negotiate a fair buyout of my interest in the family land when my co-owner offers far less than the appraised value? (HI)

Negotiating a Fair Buyout of Your Interest in Family Land in Hawaii Short answer: If a co-owner offers far less than an appraisal, you can protect your interest by documenting value with independent appraisals, using neutral valuation procedures (appraisal or formula), proposing structured buyout terms, engaging a mediator, and — if necessary — pursuing a […]

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What happens if mediation fails and I need to file a partition action to force the sale of our jointly owned land? (HI)

Detailed Answer This FAQ explains what typically happens if mediation fails and you decide to file a partition action in Hawaii to force the sale of land owned jointly with one or more people. This is an overview for educational purposes only and does not substitute for legal advice. What is a partition action? A […]

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How do co-owners initiate a partition action in HI to divide or sell shared real property?

Detailed Answer — How co-owners start a partition action in Hawaii Short overview: When two or more people own the same real property and they cannot agree on possession, use, sale, or division, one or more co-owners may ask a court to divide the property or order its sale and split the proceeds. In Hawaii […]

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How is property divided in a partition when some acres are better than others? (HI)

Detailed Answer — How Hawaii courts divide land when some acres are better than others This FAQ explains how a Hawaii court typically handles a partition action when parts of the land differ in quality or value. It assumes no specialist knowledge. This is educational information only and not legal advice. What is a partition […]

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