Detailed Answer

Short summary: If you co-own real property in Nevada, a co-tenant can force a partition action in district court to divide the property or to force a sale and distribute the proceeds. If the property is still titled solely in your parents’ names, you generally must first obtain ownership (for example, through a transfer or probate) before you can bring a partition action.

Who can bring a partition action in Nevada?

Any person who owns an undivided interest in real property as a tenant in common or joint tenant can file a partition action. The right is statutory and equitable; Nevada’s partition laws are contained in Chapter 40 of the Nevada Revised Statutes. See Nevada Revised Statutes, Chapter 40 — Partition of Lands: https://www.leg.state.nv.us/NRS/NRS-040.html.

Preliminary threshold: do you have an ownership interest?

Before filing, confirm how title currently stands:

• If title is in your parents’ sole names, you likely do not have the legal right to file a partition unless you already hold an ownership interest (for example, your parents deeded you a share, or probate has transferred title to you as an heir).
• If title already lists you and your sibling as co-owners (tenancy in common or joint tenants), you can file a partition action.

Typical partition process in Nevada (step-by-step)

1. Gather documents: deed, title report, mortgage statements, property tax history, any leases, maintenance records, and evidence of contributions or improvements.
2. Attempt negotiation or mediation: Courts favor resolving co-ownership disputes by agreement. Try a buyout offer, written proposal to purchase your share, or mediation to split ownership or sell the property voluntarily.
3. Prepare and file a complaint for partition: File in the Nevada district court in the county where the property lies. The complaint should describe the property, state each owner’s interest, name all persons with potential claims (co-owners, mortgagees, lienholders), and request partition in kind or a sale and division of proceeds.
4. Service and notice: Serve the complaint and summons on all defendants and interested parties. The court may require notice by publication if some parties cannot be located.
5. Court determines feasibility of division: The court will consider whether partition in kind (physical division) is practical without prejudice to the owners. For many single-family homes in Nevada, an in-kind division is impractical.
6. Appointment of commissioners or a referee: If needed, the court can appoint commissioners to appraise, divide, or sell the property, and to make reports to the court on how to proceed.
7. Accounting and valuation: The court or appointed commissioners may order appraisals, account for rents, profits, and expenses, and credit co-owners for improvements or payments of mortgage or taxes.
8. Sale or division: If partition in kind is not practical, the court orders a sale (often at public auction or by private sale under court supervision) and then divides net proceeds among owners according to their ownership shares after paying liens, costs, and taxes.
9. Distribution: After sale and payment of liens and costs, the court enters an order distributing the remaining proceeds to the co-owners according to the court’s determinations.

How to make a sibling buy you out

The most efficient path is negotiation. Practical options include:

• Present a written buyout proposal backed by a recent appraisal.
• Use mediation or a neutral appraiser to set fair market value.
• If you file a partition, the sibling can bid at the court-ordered sale or arrange a private purchase of your interest before public sale. Courts do not automatically convert a partition action into a forced buyout; instead, they typically order sale when in-kind division is impractical. A buyout usually requires agreement or a court-ordered valuation and payment arrangement.

What the court considers

The court will consider practical and equitable factors: whether the property can be physically divided, the cost and prejudice of division, liens and mortgages, each party’s contributions, improvements, and whether a sale is in the best interest of all parties. The court may credit an owner who paid mortgage, taxes, or made improvements.

Mortgages, liens, and probate issues

• If a mortgage encumbers the property, the mortgage survives partition; the lien must be paid or assumed at sale.
• If title is still in a deceased parent’s name, a partition action by heirs usually requires that title first pass to the heirs through probate or other transfer processes. You cannot generally partition property you do not legally own.
• Existing liens and judgments against owners must be named in the action so the court can address them when dividing proceeds.

Timeline and costs

There is no fixed timeline. Simple cases can resolve in months if parties agree. Contested matters (appraisals, commissioners, sale) often take many months to over a year. Costs include court filing fees, service fees, appraisal fees, commissioner or referee fees, possible publication costs, and attorney fees. The court may allocate some costs and fees based on outcomes.

Where to look in Nevada law

Nevada’s statutory framework for partition is in Chapter 40 of the Nevada Revised Statutes (NRS). For the statutory text and detailed provisions, see: NRS Chapter 40 — Partition of Lands.

When to consult an attorney

Consult an attorney if:

• Title is unclear or still in your parents’ sole names (probate may be required first).
• There are mortgages, liens, or complex trusts involved.
• You want to negotiate a buyout or need help valuing the property.
• The case looks contested and you want to protect your financial interest and ensure proper credits for payments or improvements.

Disclaimer: This article explains general Nevada law and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Nevada attorney.

Helpful Hints

• Confirm current title immediately using a county assessor or a title report. You must hold legal title before filing a partition.
• Get a professional appraisal before demanding a buyout or filing. An objective value helps negotiations and court motions.
• Document contributions: save receipts for mortgage payments, taxes, insurance, and improvements to show credits in court.
• Try mediation first. Mediation is faster, cheaper, and preserves family relationships better than litigation.
• Prepare for costs: filing and appraisal fees can add up; budget for court costs, publication, and commissioner fees.
• If your parents are alive and the property is their sole asset, discuss estate planning options (deed transfer, life estate, or wills) to avoid contentious partition later.
• Keep communication in writing. A written buyout offer or demand letter can be persuasive in court and useful as evidence.
• Be realistic about timelines. Contested partition actions often take many months and sometimes more than a year to conclude.