Disclaimer: This information is educational only and not legal advice. For advice specific to your situation, consult a Nevada attorney experienced in real property and probate.
Detailed Answer — How Nevada law lets a co-owner compel sale of inherited real property
If you and one or more relatives own a parcel of land together after an inheritance and a co-owner refuses to list or cooperate, Nevada law provides a formal way to force a sale through a court-called partition action. The basic idea: a co-owner files a lawsuit asking the district court to divide the property (partition in kind) or, if division is impractical, to order a sale and split the net proceeds among the owners.
Step 1 — Confirm who actually owns the parcel and how title is held
Before taking action, check the deed and any probate paperwork to confirm ownership type. Common possibilities:
- Tenants in common — each owner has an undivided share and can force partition.
- Joint tenants with right of survivorship — surviving owners may automatically own the property, which changes the dynamics.
- Property still in the decedent’s estate — the executor or personal representative may control listing and sale.
If the property title is unclear, request a copy of the deed from the county recorder and the estate case file from the probate court.
Step 2 — Try informal solutions first
Courts favor parties who try to resolve disputes without litigation. Options to attempt before filing suit:
- Send a written demand asking the co-owner to list the property with a licensed Nevada realtor or accept a buyout offer.
- Propose mediation or neutral settlement negotiations to set a price, division, or buyout terms.
- Offer to pay the co-owner’s share of costs, hire an appraiser for a neutral valuation, or arrange for a private sale with proceeds split.
Step 3 — File a partition action in Nevada District Court
If negotiations fail, any co-owner may file a complaint for partition in the Nevada district court for the county where the property sits. The court will determine ownership shares, hear competing claims (including liens, mortgages, or claims by the estate), and then may:
- Order partition in kind — physically divide the land when feasible;
- Order sale — appoint a commissioner or referee to sell the property by public auction or other court-approved method and distribute net proceeds among the owners after liens and costs.
These procedures are governed by Nevada law on partition actions. For the statutory framework, see Nevada Revised Statutes, Chapter 40 (Actions for Partition): https://www.leg.state.nv.us/NRS/NRS-040.html.
What the court considers when ordering a sale
- Whether the property can be fairly divided without harming its value (partition in kind) or whether sale is necessary.
- Existing mortgages, tax liens, mechanics’ liens, and other encumbrances — the court will require liens be satisfied from sale proceeds.
- Improvements, unequal contributions, or agreements among owners — the court can account for unequal shares or award credits for contributions to the property.
- Costs and fees — the court usually allows sale-related expenses to be deducted before division. Under some circumstances, a prevailing party may ask the court to allocate costs and attorney fees, but recovery is fact-specific.
Practical timeline and likely costs
Partition cases can take many months to over a year depending on complexity (title disputes, liens, probate matters, sale process). You should expect filing fees, court costs, possible commissioner fees for sale, and attorney fees if you hire counsel. The court-supervised sale process can also add time compared with an agreed private sale.
When probate issues matter
If title did not vest before you start, or the property remains part of an open probate estate, coordinate with the personal representative or probate court. Nevada’s probate procedures affect who has authority to sell estate property. For Nevada self-help about probate and estate administration, see: https://nvcourts.gov/Self_Help/Probate/.
Where to file and who handles the case
Partition actions are filed in the Nevada district court in the county where the parcel is located. The Nevada judiciary’s website can help you find the proper court and local procedures: https://nvcourts.gov/.
Because title issues, liens, and probate can interact in complicated ways, most people hire a Nevada real property or probate attorney to prepare pleadings, handle discovery, represent them at hearings, and manage the sale process.
Helpful Hints
- Get the deed and any probate paperwork first — determine who legally owns the parcel and in what form.
- Document attempts to resolve the dispute (emails, letters, settlement offers); courts like to see you tried negotiation first.
- Order a recent title report and a professional appraisal so you have objective values and can spot liens or encumbrances.
- Consider a buyout: offering cash or financing can be faster and cheaper than litigation for everyone.
- If you are worried a co-owner will damage the property or remove assets, talk with an attorney about emergency motions or temporary orders to protect the asset.
- Check tax consequences — a forced sale still has capital gains, basis, and possible estate-tax implications; consult a tax professional.
- Expect costs — a partition lawsuit, court-ordered sale, and closing expenses reduce net proceeds; weigh litigation costs against potential gain.
- Use mediation or a neutral third-party appraiser to narrow disagreements before court.
- Hire counsel experienced in Nevada partition and probate law to better protect your interests and speed the process.
For the statutory framework on partition actions in Nevada, see Nevada Revised Statutes, Chapter 40: https://www.leg.state.nv.us/NRS/NRS-040.html.
Again, this is general information and not legal advice. Contact a Nevada attorney early to review your specific facts and help you decide whether to pursue negotiation, mediation, or a partition action in district court.