(a) This chapter applies to actions for partition filed on or after January 1, 2017.

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Terms Used In Hawaii Revised Statutes 668A-3

  • 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

  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 668A-2
(b) In any action for partition of real property under chapter 668, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property shall be partitioned under this chapter, unless all the cotenants agree otherwise in a record.
(c) This chapter supplements chapter 668 and, if an action is governed by this chapter, supersedes provisions of chapter 668 that are inconsistent with this chapter.