How can a co-owner obtain monetary compensation instead of receiving physical property? (HI)
How a Co‑Owner Can Get Money Instead of Physical Property — Hawaii Quick answer If you co‑own real property in Hawaii and you want money instead of a physical portion of the property, you generally must either reach an agreement with the other owner(s) for a buyout or ask a court to order a partition […]
Read article →Can I Negotiate with My Siblings to Avoid a Partition Action in Hawaii?
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney in Hawaii for advice on your specific situation. Detailed Answer Yes. Under Hawaii law, co-owners—including siblings who inherit real property together—may negotiate an out-of-court agreement to divide or sell their property instead of filing a partition […]
Read article →How can a co-owner seek reimbursement for improvements made to estate real property in Hawaii?
Detailed Answer Under Hawaii law, co-owners of real property can seek reimbursement for improvements through a partition action or an equitable contribution claim. The primary statutory remedy lies in a partition suit under Hawaii Revised Statutes (HRS) Chapter 520. In such a suit, one co-owner may request an accounting of improvements pursuant to HRS §520-28. […]
Read article →How to Coordinate Realtor Selection with a Co-owner for a Joint Property Sale in HI
Detailed Answer Selling jointly owned real estate in Hawaii requires clear communication and agreement at every step. Co-owners must agree on which real estate professional represents their interests, the listing price, the commission structure, and all contract terms. Here’s how to coordinate realtor selection smoothly: Confirm Ownership Structure. Identify whether you hold the property as […]
Read article →How to Calculate and Recover Carrying Costs from a Co-Owner in Hawaii
Disclaimer: I am not a lawyer. This article is for educational purposes and does not constitute legal advice. Detailed Answer Understanding Carrying Costs In a joint sale agreement, carrying costs are expenses associated with holding the property until closing. Common carrying costs include: Mortgage interest Property taxes Insurance premiums Homeowners association (HOA) fees Utilities and […]
Read article →What rights do co-owners have when one heir wants to live in inherited property while another wants to sell under HI law
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation. Detailed Answer When someone dies owning real estate in Hawaii and leaves the property to multiple heirs, those heirs typically become co-owners as tenants in common. Each co-owner holds an undivided interest […]
Read article →What Steps Are Required to Initiate or Consent to a Partition Action Before a Court-Appointed Commissioner in Hawaii?
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 […]
Read article →What options exist if co-owners cannot agree on a buyout price in Hawaii, including court-ordered partition or sale?
Disclaimer: This article provides general information about Hawaii property law. It does not constitute legal advice. Consult a licensed attorney for guidance tailored to your situation. Detailed Answer When co-owners of real property in Hawaii cannot agree on a buyout price, state law offers several options to resolve the dispute. These include negotiation, alternative dispute […]
Read article →What process allows a party to force sale of property through a partition hearing in Hawaii?
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 […]
Read article →What legal process allows a co-owner to force the sale of jointly inherited property in Hawaii when co-owners cannot agree?
Disclaimer: This article provides general information about Hawaii law and does not constitute legal advice. Always consult a licensed attorney in Hawaii for guidance on your specific situation. Detailed Answer: Partition Action in Hawaii When co-owners inherit property and cannot agree on its use or disposition, Hawaii law allows a co-owner to force a sale […]
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