How to File a Partition Action to Force Sale of a Deceased Parent's House in Nevada | Nevada Partition Actions

Detailed Answer

If you want to force the sale of real property that belonged to your late father, Nevada law allows interested owners to seek a judicial partition of real property. A partition action asks the court to divide property among co-owners or, when division in kind is impractical, to order a sale and divide the proceeds among the owners according to their ownership interests.

Who can bring a partition action in Nevada?

Any person who holds a legal or equitable interest in the property may file a partition action. That can include co-owners listed on the deed (tenants in common or joint tenants), heirs who received title through probate, or claimants who have a recorded interest in the property. If the decedent’s interest has not been transferred out of his name, you will need to confirm whether title passed automatically (for example, joint tenancy with right of survivorship) or whether the estate must be administered before a claim can be enforced.

Key Nevada law

Partition actions and the court’s powers are governed by Nevada’s statutes on partition. See Nevada Revised Statutes, Chapter 40 (Partition): https://www.leg.state.nv.us/NRS/NRS-040.html. That chapter describes who may seek partition, how the court may partition property, and the procedures for sale when physical division is not practical.

Typical steps to file a partition action in Nevada

Confirm ownership and cloud on title. Obtain the deed and a title search through the county recorder. Determine whether the decedent owned the property alone, as a joint tenant, or if the heirs already have title through probate. If the property remains titled in your father’s name, the estate’s status matters.
Attempt an out-of-court resolution first. If co-owners are willing, negotiate a sale, buyout, or agreement on division. Courts often prefer parties to settle without litigation.
Prepare and file a complaint for partition in the proper District Court. File in the county where the property is located. The complaint must identify the property, describe each plaintiff’s and defendant’s claimed interest, and state whether you seek partition in kind or a sale.
Name all persons with an interest. You must join all persons who may have a legal or equitable interest in the property—this can include heirs, devisees, lienholders, mortgagees, and others with recorded interests. The court will require the parties to be served with process.
Service and responses. After filing, serve defendants with the complaint. Defendants may answer, object, or file counterclaims affecting title.
Court consideration: in kind division vs. sale. The court will evaluate whether the property can be physically divided (partition in kind). If division would be impractical or would damage value, the court will order a sale and divide proceeds according to ownership shares after paying liens and costs. See Nevada’s partition statutes: NRS Chapter 40.
Appointment of a commissioner or referee. The court commonly appoints a commissioner or referee to carry out the sale, supervise bidding, and report back to the court.
Sale, distribution of proceeds, and closing. The property is sold (often at public auction or under court-supervised sale procedures). After payment of mortgages, liens, and court-ordered costs, proceeds are distributed to owners according to their interests.

Special issues when the owner is deceased

If title stayed in your father’s name and no personal representative has authority, you may first need probate or other authority to act on behalf of the estate unless the heirs already hold title.
If you and other heirs hold title as tenants in common, any co-tenant can seek partition without opening probate—but confirm whether the decedent’s interest already passed by operation of law (for example, joint tenancy).
Mortgages, liens, unpaid property taxes, or creditor claims can complicate sale and distribution. A title search and review of recorded liens is essential before filing.

What the court will look at

The court will consider whether physical division is practical and fair. If not, it will order sale. The court will ensure all parties with potential interests receive notice and an opportunity to be heard. The court may also determine priority and amounts for claims such as mortgages and liens before distributing sale proceeds.

Practical timeline and costs

Timeframes vary. An uncontested partition may resolve in a few months. Contested cases—especially those requiring probate, multiple claims, or complex title disputes—can take a year or longer. Costs include filing fees, service fees, commissioner/referee fees, attorney fees (if you hire counsel), and costs to cure liens or encumbrances.

When to hire an attorney

Consider hiring an attorney if title is unclear, if multiple heirs or creditors contest ownership, if the estate has unresolved probate issues, or if you anticipate contentious disputes with co-owners. An attorney can prepare the complaint, identify all necessary parties, manage service, and represent your interests in court. For basic information and forms, Nevada’s courts offer self-help resources: https://www.nvcourts.gov/self_help/.

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

Helpful Hints

Start with a title search at the county recorder to confirm current ownership and recorded liens.
Check whether the decedent’s estate has been opened in probate. If not, find out whether probate or a small-estate procedure is required to clear title.
Talk with co-owners first—many partition disputes settle with a buyout or agreed sale, which saves time and cost.
Collect and organize key documents: deed, mortgage statements, property tax records, the death certificate, will (if any), and any correspondence about the property.
Consider valuation: get an appraisal early so you and co-owners know the fair market value before litigation begins.
Be sure to join or notify all possible claimants (heirs, lienholders, mortgagees). Failure to include necessary parties can delay the case.
Budget for court costs and potential attorney fees. Ask about fee-shifting only after consulting counsel—Nevada courts may allocate costs according to the case facts and applicable law.
Use Nevada’s court self-help resources for procedural forms and filing instructions: https://www.nvcourts.gov/self_help/.