How do co-owners initiate a partition action to divide or sell shared real property? (NV) | Nevada Partition Actions

Detailed Answer — How co‑owners start a partition action under Nevada law

A partition action is the court process that lets co‑owners of real property force a division of the land or a sale when they cannot agree. In Nevada, any co‑owner may ask the district court for partition. The court can order a physical division of the property (partition in kind) or, if division is impractical, a sale and distribution of the proceeds. See Nevada Revised Statutes, Chapter 40: Partition (NRS Chapter 40) for statutory authority: https://www.leg.state.nv.us/NRS/NRS-040.html and the specific provision recognizing the right to partition: NRS 40.010.

Step‑by‑step: initiating a partition action in Nevada

Confirm who holds title and the type of co‑ownership. Obtain the deed(s) and a title report. Owners commonly hold property as tenants in common or joint tenants. The court treats both as co‑owners for partition purposes, although technical issues (such as severing a joint tenancy) can affect remedies.
Try to reach an agreement first. Courts prefer that co‑owners attempt to resolve the matter privately by sale, buyout, or division. A written settlement or buyout offer can avoid court costs and delay.
Prepare the complaint for partition. A complaint (civil filing) typically names all record owners and any known lienholders or parties with recorded interests, includes the legal description of the property, states each party’s claimed ownership share, and requests relief (partition in kind or sale). Ask the court to appoint a commissioner or other court officer to make an appraisal and carry out a sale or division if needed.
File in the appropriate Nevada district court and pay filing fees. Partition cases are filed in the district court in the county where the property sits. The complaint and summons must be served on all parties and known encumbrancers (e.g., mortgage lenders, judgment creditors, tenants).
Service and notice to lienholders. You must notify lienholders because their interests generally survive partition; the court will account for liens when distributing proceeds from a sale.
Court process: pleadings, discovery, and valuations. After filing, defendants can answer or raise defenses (e.g., equitable claims, request for accounting). The court may order appraisals, surveys, and a referee/commissioner to handle sale logistics or physical division.
Request interim relief if needed. If rents, damages, or preservation of property are at issue, request a receiver or temporary orders to protect the estate pending final resolution.
Hearing and court order. At hearing, the court decides whether partition in kind is feasible. If physical division would produce inequitable or impractical results, the court typically orders a sale and directs the method of sale and distribution of net proceeds (paying liens, taxes, costs, and then distributing remaining funds according to ownership shares).

What the court considers when deciding in kind vs. sale

The court will weigh whether dividing the parcel would be practical and equitable. Factors include the size, shape, and improvements on the property, impact on value, utility (e.g., single dwelling), and whether division would impair marketability or substantially reduce value. If division is impractical, a sale is likely.

Who pays expenses and how proceeds are distributed

The court normally charges costs of the proceeding (filing fees, appraisals, commissioner or receiver fees, advertising and sale costs) against the property or from sale proceeds before distribution. Liens (mortgages, tax liens) are satisfied from sale proceeds according to priority. Any net balance is distributed to owners according to their ownership shares.

Common complications Nevada co‑owners should expect

Mortgages and liens: partition does not eliminate valid liens — the lien survives and is paid out of sale proceeds.
HOA assessments and covenants: homeowner association obligations can affect distribution and may require notice to the HOA.
Tenants in possession: existing leases or tenants may reduce rental value; a receiver may be needed to collect rents.
Boundary or title disputes: competing title claims or adverse possession issues can lengthen litigation.
Bankruptcy stay: if a party files bankruptcy, the partition action may be stayed.

Statutory reference: Nevada’s general partition law is in NRS Chapter 40. The chapter describes who may seek partition and how partition sales and distributions operate: NRS Chapter 40 — Partition.

When to hire a Nevada real property attorney

If you want to file a partition complaint, if other owners contest your claims, if the property has liens or mortgages, or if a sale involves substantial value, consult a Nevada real property attorney. An attorney will prepare pleadings, identify required parties, preserve your rights, and help secure appraisals, receivers, or commissioner appointments the court may order.

Not legal advice: This article explains general Nevada law and common practice. It does not create an attorney‑client relationship and is not legal advice. For advice about a specific dispute, consult a licensed Nevada attorney.

Helpful Hints — Practical checklist for co‑owners considering partition in Nevada

Collect title documents: deed(s), title report, chain of title.
Get recent property tax bills, mortgage statements, and HOA documents.
Ask for a current appraisal or get multiple market valuations before filing.
Document efforts to negotiate a voluntary sale or buyout — courts favor settlement attempts.
Identify all possible parties with recorded interests (mortgagees, judgment creditors) so they can be named and served.
Consider mediation or neutral valuation before filing to save time and cost.
Prepare for costs: filing fees, attorney fees, appraisal fees, commissioner/receiver fees, and sale costs will reduce net proceeds.
Ask your attorney about tax consequences (capital gains, cost basis) and whether a 1031 exchange is relevant to proceeds of a partition sale.
Use the Nevada State Bar lawyer referral service to find counsel: https://www.nvbar.org/for-the-public/lawyer-referral/
Read NRS Chapter 40 for statutory detail: https://www.leg.state.nv.us/NRS/NRS-040.html.