HAWAII PARTITION ACTION LAW

How to File an Action For Petition of Real Estate in Hawaii

When two or more parties own real estate jointly, they each have the right to separate, or partition, the property if they no longer wish to be co-owners. To do this, they must bring an action for partition in the state of Hawaii. A partition action can come about in two different ways. The first way to legally partition property is through a joint partition, where both parties agree that they will divide the land and agree on the means for division of the land. They then enter into a contractual agreement that delineates the separation of property. If the parties cannot agree, then they must seek a judicial partition, where they will present evidence and the division of property will be a court-ordered sale or court-ordered physical partition.

There are two different means for splitting up properties. The first is to physically divide the property. This only works, however, in cases where the property owned is easily divisible between the parties. This would generally not work in cases of residential homes or business establishments, because they cannot be split up. In these situations, usually the parties end up having a partition by sale. In a partition by sale, the land is sold and the proceeds are divided according to the type of tenancy the co-owners originally held the property in. In Hawaii, there are two types of tenancies. A tenancy in common allows the parties to have varying percentages of interest in the land. A joint tenancy, however, requires that the parties all have an equal share. If the tenants had a joint tenancy, then the partition action must ensure that the proceeds or the land are divided equally between all of the co-owners. If they were tenants in common, however, they can be divided according to their interest in the property.