Nevada: How to Force the Sale of a Co-Owned House (Partition Actions) | Nevada Partition Actions | FastCounsel
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NV Nevada Partition Actions

Nevada: How to Force the Sale of a Co-Owned House (Partition Actions)

August 12, 2025 5 min read

Detailed Answer

Short answer: In Nevada you can force the sale of a co-owned house by filing a partition action in district court. The court will try to divide the property “in kind” (physically) when practical; if it is not practical, the court will order a sale and divide the proceeds among the owners according to their ownership shares. This remedy is governed by Nevada’s partition statutes. See Nevada Revised Statutes (NRS) Chapter 40 for the governing law: https://www.leg.state.nv.us/NRS/NRS-040.html (see in particular NRS 40.010 and NRS 40.030).

How the process generally works in Nevada

  1. Confirm ownership type and shares. Determine whether you and the other owners hold the property as tenants in common, joint tenants, or another arrangement. Partition actions are typically available to any co-owner who seeks to divide or sell jointly owned real property. NRS 40.010 discusses the right to sue for partition: NRS 40.010.
  2. Try negotiation first. Courts expect owners to try resolving the dispute. Options include one owner buying out the others (using a formal appraisal), agreeing to rent and share income, or listing the property for sale by agreement. Mediation or a neutral valuation can reduce cost and delay.
  3. File a partition action in district court if negotiation fails. If you cannot reach agreement, file a complaint for partition in the Nevada district court for the county where the property is located. The complaint asks the court to divide the property among owners or, if that is not practicable, to order a sale and distribute the sale proceeds.
  4. Court assessment: partition in kind vs. sale. The judge may appoint commissioners to survey and try to divide the land physically (partition in kind). If the property cannot be divided fairly or division would materially harm the owners’ interests (for example a single-family home on one lot), the court will order a sale and distribution of proceeds. See the statutory framework at NRS Chapter 40: NRS 40.030.
  5. Handling liens, mortgages, and costs. Liens and mortgages typically must be paid from the sale proceeds before each owner receives their share. The court will deduct sale costs, commissions, and any costs awarded to the prevailing party. The final distribution reflects ownership percentages after these deductions.
  6. Timeframe and likely costs. A partition action can take several months to over a year depending on complexity, title issues, necessary appraisals, and whether the property is marketed for sale. Expect court filing fees, appraisal and survey costs, commissioner or receiver fees, attorney fees if you hire counsel, and ordinary closing costs and real estate commissions if the court orders a sale.

What to expect in outcomes

  • The court may split the property if a fair physical division is reasonable.
  • If the court orders sale, the property will be sold (often by court-appointed commissioners or a receiver) and net proceeds distributed according to ownership shares.
  • Mortgage lenders and lienholders are paid first from proceeds. Any tax consequences for capital gains or distribution depend on each owner’s tax situation—consult a tax advisor.

When you should talk to an attorney

Partition suits involve procedural rules, title questions, and potential defenses (for example, equitable claims or misconduct between owners). Talk to a Nevada real property attorney if the property has mortgages, title clouds, liens, or if you expect complicated valuation or offset claims. An attorney can explain your likely costs, chances of success, and alternatives such as buyout formulas or mediation.

Key Nevada statutes

Helpful Hints

  • Gather documentation before you act: deed showing ownership shares, mortgage and lien statements, property tax records, recent utility and maintenance bills, receipts for major improvements, any written agreements between owners, and a recent title report if available.
  • Get a professional appraisal early if you expect a buyout or need realistic expectations about value.
  • Offer a formal buyout before filing suit: it’s often faster and cheaper than litigation. Use a written offer tied to a neutral appraisal.
  • Consider mediation. A neutral mediator can reduce attorney fees and allow owners to craft solutions courts cannot (e.g., staggered buyouts, continued shared ownership terms).
  • Be realistic about costs. Court-driven sales usually reduce net proceeds because of legal and sale expenses. Factor commissions, receiver/commissioner fees, appraisals, and court costs into any settlement talks.
  • Check for liens and mortgages. Outstanding debt can change each owner’s net recovery and influence whether a lender will agree to a sale or demand payoff terms.
  • Be prepared for timing. Even an uncontested partition can take months; contested cases take longer.
  • When you consult an attorney, bring the documents above and a short summary of communications and offers exchanged with the co-owners.

Disclaimer: This article explains general Nevada law and common procedures for partition actions. It is educational only and is not legal advice. Your facts may change the outcome. For advice tailored to your situation, consult a licensed Nevada attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.