How to Start a Partition Lawsuit in Nevada to Divide Inherited Land

Detailed Answer

What legal right allows one owner to force division or sale?

Nevada law gives a co-owner the right to seek partition of real property held with others. See NRS Chapter 40 (Partition). The statute sets out that any co-owner may file an action to partition the property rather than remain tied to unwilling co-owners. For the statute text, see NRS Chapter 40: https://www.leg.state.nv.us/NRS/NRS-040.html. For the specific statement of the right, see NRS 40.010: NRS 40.010.

Who should be named as parties in a partition case?

Every person who has an interest in the property should be joined. That ordinarily includes:

• All co-owners (tenants in common, joint tenants, or persons listed on title)
• Anyone with a recorded lien, mortgage, or judgment against the property
• Potential claimants (for example, heirs if the property is still in probate)

Failing to include a necessary party can delay the case or make a later judgment void as to that absent party.

Do I have to wait for probate or a trust administration to finish?

If title still vests in the decedent’s estate (the property hasn’t been distributed), you may need an administrator or executor to represent the estate before a partition can proceed. Check NRS Chapter 155 (Wills and Administration) for probate rules: https://www.leg.state.nv.us/NRS/NRS-155.html. If a trustee holds the property in a living trust, the trustee is the proper party.

How does the court divide the property?

The court may order partition in kind (physical division) when a fair division is practicable. If the court finds division in kind impractical or inequitable, it can order partition by sale and divide the net proceeds among the owners according to their ownership shares. The statutes and rules in NRS Chapter 40 govern these procedures. See, in particular, the general provisions in NRS Chapter 40: NRS Chapter 40.

Typical procedural steps to start a partition action in Nevada

1. Confirm current ownership and title. Pull the recorded deed(s) and any liens or encumbrances from the county recorder.
2. Identify and locate all owners and lienholders. Names and addresses are required to name and serve the correct parties.
3. Prepare and file a Complaint for Partition in the Nevada District Court in the county where the property lies. The complaint must describe the property, state the ownership interests, and ask the court to divide or sell the property and distribute proceeds.
4. Serve all defendants with the complaint and summons according to Nevada rules of civil procedure. If parties cannot be found, the court may allow service by publication.
5. The court may set hearings, appoint commissioners or referees (often surveyors or appraisers), and order inspections, surveys, or reports to determine whether a partition in kind is feasible and, if not, to sell the property.
6. If the court orders sale, it will set procedures for the sale and for paying liens, taxes, and costs before distributing the remainder to owners according to ownership shares.

Costs, timing, and likely outcome

Partition litigation can take months to more than a year depending on complexity, contested issues, the need for surveys, and appeals. Expect filing fees, service costs, surveyor or appraisal fees, commissioner fees, and attorney fees if you use counsel. If the property can be fairly divided, the court may order physical partition; otherwise, the more common outcome is a court-ordered sale with proceeds divided after liens and costs are paid.

Priority of mortgages and liens

Recorded mortgages and judgments are paid from sale proceeds according to priority. A mortgageholder should be named so the court can provide an orderly payoff. Unpaid property taxes and special assessments will generally be paid first.

Alternatives to filing a lawsuit

• Negotiate a buyout: one co-owner buys the others’ shares based on appraisal.
• Mediation or neutral valuation to reach agreement without court.
• Partition by agreement: co-owners can record deeds dividing the parcel if physically divisible and all agree.

When to hire an attorney

If the other owners refuse to cooperate, there are liens, complicated title issues, or you want to protect your rights efficiently, consult a Nevada real property litigator. If funds are limited, seek an initial consultation or use the State Bar of Nevada’s referral resources: https://www.nvbar.org/. Nevada court self-help resources may also help with forms and basic procedure: https://nvcourts.gov/self_help/.

Helpful Hints

• Start with title: pull the deed, chain of title, and any recorded liens from the county recorder’s online database. Know exactly who owns what.
• Check probate status: if the property came from a recent death, confirm whether the estate closed or the property passed via trust or survivorship.
• Collect documents: deed, will or trust excerpts, mortgage statements, tax bills, insurance, and any written communications among owners about the property.
• Try to negotiate in writing first. A clear written offer (buyout or division plan) can avoid court and preserve family relationships.
• Obtain a recent appraisal and a preliminary survey if you suspect the parcel can be physically divided—these help the court and support settlement discussions.
• Name all lienholders and mortgagees in the complaint to avoid later surprises and to ensure payoffs at sale.
• Be prepared for costs: ask potential counsel for an estimate of overall litigation costs and alternatives (mediation, negotiated buyout).
• Keep thorough records of communications with co-owners; courts may consider attempts at resolution when allocating costs or attorney fees.
• Understand tax consequences: selling or transferring an inherited share can have capital gains implications—consult a tax advisor.