(a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to § 668A-8, or if after conclusion of the buyout under § 668A-8, a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in § 668A-10, finds that partition in kind will result in great prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated.
Terms Used In Hawaii Revised Statutes 668A-9
Partition by sale: means a court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open-market sale conducted under section 668A-11. See Hawaii Revised Statutes 668A-2
Partition in kind: means the division of heirs property into physically distinct and separately titled parcels. See Hawaii Revised Statutes 668A-2
(b) If the court does not order partition in kind under subsection (a), the court shall order partition by sale pursuant to section 668A-11 or, if no cotenant requested partition by sale, the court shall dismiss the action.(c) If the court orders partition in kind pursuant to subsection (a), the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.(d) If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or are the subject of a default judgment, a part of the property representing the combined interests of these cotenants as determined by the court, and this part of the property shall remain undivided; provided that their interests were not bought out pursuant to § 668A-8.
