Hawaii Revised Statutes 668. Partition of Real Estate

• 668-1 Actions for Partition.
  When two or more persons hold or are in possession of real property as joint tenants or as tenants in common, in which one...
• 668-2 Necessary Parties; Unknown Owners.
  Subject to the rules of court and section 668-8.5, plaintiff shall join as a party every person having or claiming to have, as far...
• 668-3 Complaint.
  The complaint shall particularly describe the property sought to be partitioned, and shall set forth the title and rights of all parties interested therein...
• 668-4 Pleadings; Substitution of Heirs in Case of Death.
  Each party shall allege the source or derivation and devolution of the party's title, right, interest, or claim. The answers of the defendants shall...
• 668-5 Summons, Service.
  The summons shall be directed to all persons named in the complaint or joined as provided by the rules of court, and may be...
• 668-6 Repealed.
  L 1972, c 90, §11(s).
• 668-7 Powers of the Court.
  The court shall have power, subject to section 668-8.5: (1) To hear, investigate, and determine any and all questions of conflicting or controverted titles...
• 668-8 Trial of Title.
  Whenever the legal title of any particular share or interest in the property is controverted, the issue shall be triable of right by a...
• 668-8.5 Adverse Claimants.
  Unless the action is combined with an action under chapter 669, a person who has not appeared and who claims to hold by title...
• 668-9 Unknown and Absent Owners.
  The court shall in all cases provide for the protection of the interests of all unknown owners and other owners served under sections 634-23...
• 668-10 Allotments for Shares Under Unproved Ownership.
  In any case where the legal title of a claimant to any particular share or interest has not been shown to the satisfaction of...
• 668-11 Liens and Incumbrances.
  Where partition is made of any property which is subject as a whole to any lien or incumbrance, the court may with the consent...
• 668-12 Estates for Life and Years, and Contingent Estates.
  If an estate for life or years is found to exist as to any part of the property or if any estate in dower...
• 668-13 Commissioners in Partition.
  The court shall have power in its discretion to appoint a commissioner or commissioners to act under the directions and subject to the approval...
• 668-14 Sales; Auction, Notice.
  All sales of any property in partition shall be made at public auction, after publication of notice with a brief description of the property...
• 668-15 Conveyances and Payments in Partition; Possession and Guaranty.
  The title of every claimant to any share or interest in the property shall be shown to the satisfaction of the court before any...
• 668-16 Default.
  All parties who have failed to plead or otherwise defend as provided by the rules of court shall, when that fact is made to...
• 668-17 Costs.
  All costs of the proceedings in partition shall be paid by the plaintiff in the first instance, but eventually by all of the parties...

Last modified: October 27, 2016