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HRS §668-1

Who can ask a court to split up shared property

This section lets co-owners of real estate ask a circuit court to divide the property fairly among them. If splitting it would hurt the owners, the court can order a sale instead. It applies to joint tenants and tenants in common who have a fee or life estate.

The statute, as written — Actions for partition

[Section effective until December 31, 2016. For section effective January 1, 2017, see below.] When two or more persons hold or are in possession of real property as joint tenants or as tenants in common, in which one or more of them have an estate in fee, or a life estate in possession, any one or more of such persons may bring an action in the circuit court of the circuit in which the property or some part thereof is situated, for a partition of the property, according to the respective rights of the parties interested therein, and for a sale of the same or a part thereof if it appears that a partition cannot be made without great prejudice to the owners. The several circuit courts shall have power, in any action for partition, to proceed according to the usual practice of courts of equity in cases of partition, and according to this chapter in enlargement thereof.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.