Hawaii Partition Deed for Surface Estate
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FAQ
Pursuant to §668 of Title 36 of the Hawaii Code, a co-owner may file a partition action with the circuit court in the county where the property is located. Both joint tenants and tenants in common have the right to pursue partition, which essentially terminates the co-owner relationship.
Land may also be partitioned into unequal parts due to the relative ownership shares of each joint owner. For example, if Party A has a 25 percent stake in the land and Party B has a 75 percent stake, Party A will receive a proportionally smaller or less valuable portion of the land than Party B.
A complaint for partition by sale can be granted whereby a court orders sale of a jointly owned property and all owners receive their corresponding shares. Physical division, or partition in kind, occurs when a property is divided so that each owner receives undivided interest in his or her own share of the land.
What Is a Letter Warning of Partition Action? Before commencing a partition action, the party who wants to divide their interest in the property may send a letter warning of partition action. This provides a formal notice to the other owners of potential legal action.
Partition is the division of real or personal property between or among two or more co-owners, such as joint tenants or tenants-in-common. Partition is not a remedy available to owners who hold title as community property or quasi-community property.
Pursuant to §668 of Title 36 of the Hawaii Code, a co-owner may file a partition action with the circuit court in the county where the property is located. Both joint tenants and tenants in common have the right to pursue partition, which essentially terminates the co-owner relationship.
In Hawaii an encroachment occurs when there is an unauthorized intrusion of a fence, wall, or cement from one property into another separately owned real estate.
Partition is the division of real or personal property between or among two or more co-owners, such as joint tenants or tenants-in-common. Partition is not a remedy available to owners who hold title as community property or quasi-community property. This article focuses on the Partition of real property.
