HI SB2408

Adopts the Uniform Partition of Heirs Property Act, establishing a new chapter governing partition actions for real property held in tenancy in common that meets specific criteria involving family ownership.

Defines heirs property as real property in tenancy in common where at least 20% of interests are held by relatives or acquired from relatives, and no binding agreement exists governing partition.

Requires courts to determine property valuation through court-ordered appraisals and allows cotenants requesting partition by sale to have their interests purchased by other cotenants at appraised value within 45 days.

Prioritizes partition in kind (physical division) over forced sale unless the court finds it would cause great prejudice to cotenants, considering factors like sentimental value, ancestral significance, and duration of family ownership.

Effective January 1, 2017; applies only to partition actions filed on or after that date and supplements existing partition law in chapter 668.