(a) This chapter does not limit or affect the method by which service of a complaint in an action for partition may be made.

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Terms Used In Hawaii Revised Statutes 668A-4

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Heirs property: means real property held in tenancy in common that satisfies all the following requirements as of the filing of an action for partition:

    (1) There is no agreement in a record binding all the cotenants that governs the partition of the property;

    (2) One or more of the cotenants acquired title from a relative, whether living or deceased; and

    (3) Any of the following applies:

    (A) Twenty per cent or more of the interests are held by cotenants who are relatives;

    (B) Twenty per cent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or

    (C) Twenty per cent or more of the cotenants are relatives. See Hawaii Revised Statutes 668A-2

  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Summons: Another word for subpoena used by the criminal justice system.
(b) If an order of service by publication of the summons for an action for partition of real property is granted and the court determines that the property may be heirs property, the plaintiff, not later than ten days after the court’s determination, shall post, and maintain while the action is pending, a conspicuous sign on the property that is the subject of the action. The sign shall state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.