There are times when co-owners of Hawaii real property are engaged in a dispute and no longer wish to continue co-ownership of such property, or one party is no longer making payments on the mortgage and the paying party wants to remove the non-paying party from title.
The question that usually follows is what are the co-owners’ options if they wish to sever such relationship (other ways to phrase this include, “How can I kick off someone from title to the Hawaii real estate” and “How do I remove a co-owner”).
How Do You Terminate Co-ownership of Real Estate in Hawaii?
In the event that there is no prior written agreement among the co-owners setting forth each owner’s obligations (such as a co-tenancy agreement) and the procedures for resolving disputes, the co-owners are basically left with two options:
- Work out some agreement to resolve the dispute; or
- Terminate the co-owner relationship through a court supervised partition action
The co-owners should first try to resolve their differences and come to some compromise. By reaching such a compromise, the co-owners would not need a partition action which can be a very costly process. However, if seeking such an agreement proves to be a dead end, then a Hawaii partition action is necessary.
Contact Our Attorneys
As you can see, terminating a co-ownership relationship of Hawaii real property is not that simple and can be costly. Money is best spent on having us document the original agreement between the co-owners. However, if that is already too late, contact us and, as your attorneys, we can guide you through this difficult process.
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- Terminating Co-Ownership of Hawaii Real Estate Property
- The Process of Claiming and Attaching a Mechanic’s or Materialman’s Lien in Hawaii
- The Role of Hawaii Attorneys in Purchasing Hawaii Residential Real Estate
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