§668-11  Liens and incumbrances.  Where
partition is made of any property which is subject as a whole to any lien or
incumbrance, the court may with the consent of the incumbrancer apportion the
incumbrance against the separate portions as partitioned to the parties, or if
the property is sold and the incumbrancer's claim is due and may be discharged
by payment the court may discharge the same out of the proceeds.  Otherwise,
unless the incumbrancer consents to receive payment, the court may without disturbing
or then making any adjudication as to the incumbrance, sell, subject to the
incumbrance, the property affected thereby; or if any lien or incumbrance is
only upon the undivided share or interest of any particular party the court may
by its decree make the same a lien and charge only upon the parcel of land
partitioned to the party or a charge against the party's share of the proceeds
of sale thereof.  In every case the property sold shall first be charged with
its just proportion of the costs of the partition in preference to the lien or
charge.  Any party holding a lien or incumbrance and also having other
securities, may in the court's discretion be required to exhaust such others
before a distribution of the proceeds of sale in partition, or the court may
order a just deduction to be made from the amount of the lien on the property
on account of such other security. [L 1923, c 178, §11; RL 1925, §2771; RL
1935, §4750; RL 1945, §12460; RL 1955, §337-11; HRS §668-11; gen ch 1985]