If you are a part owner of Hawaii real estate, and there is no written agreement prohibiting you from filing a Hawaii partition action, as discussed in another article, you are able to file a partition lawsuit in Hawaii Circuit Court requesting that the property be divided up (partition in kind), or more likely sold (partition by sale).
A recent law (effective January 1, 2017) revised the Hawaii Partition statute as it relates to “Heirs property” that will make the process even more cumbersome. The Court will determine if one or more of the cotenants acquired title from a relative, and either (1) twenty percent or more of the interests are held by cotenants who are relatives, (2) twenty percent or more of the interests are held by an individual who acquired title from a relative, or (3) twenty percent or more of the cotenants are relatives. If the Court determines the real property satisfies those requirements then it is deemed to be “Heirs property”.
