Legal Question in Real Estate Law in Hawaii

Partition of Real Property

In my father-in-laws estate, he left us a piece of property in HI (it is an empty lot with nothing on it). It was co-owned by him and his brother. The brother passed away in 1987 and the heirs never probated their portion.

We are going through probate now, with my father-in-laws estate and we want to sell the property. We have been unsuccessful for over the last 10 years to locate any heirs.

Please explain how the partition of property works and why it may or may not be the right alterative for us. We live in FL and have no intention of every moving or living in HI.


Asked on 1/04/05, 12:28 pm

1 Answer from Attorneys
Jon Zahaby Tour bus, scenic and sightseeing, operation

Re: Partition of Real Property

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 Hawaii Circuit Court of the circuit in which the property or some part thereof is situated, for a partition of the property. Will have to pull title etc. to prove interest to court. Call me when you are ready to partition the property -- Jon A. Zahaby (808) 526-0892

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Answered on 1/11/05, 9:20 pm


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