Nevada: How to Start a Partition Action to Divide or Sell Real Estate

Disclaimer

This information is educational only and is not legal advice. It explains how a partition action generally works under Nevada law and what steps people commonly take. For advice that fits your exact situation, consult a licensed Nevada attorney.

Detailed answer — starting a partition action in Nevada

If multiple people co-own real property and they cannot agree about use, sale, management, or division, any co-owner may ask a Nevada district court to force a partition of the property. Nevada law recognizes two basic remedies: a partition in kind (physically dividing the land) or a partition by sale (selling the property and dividing the proceeds). The primary statute governing partition actions is NRS Chapter 40. See the chapter for statutory text: NRS Chapter 40 (Partition).

Who can file

Any person with an ownership interest in the property can file the complaint. That includes co-owners (joint tenants, tenants in common) and, in many situations, a mortgagee or lienholder who has an interest that affects partition rights. The complaint must name as defendants all persons with an ownership or recorded interest so the court can determine rights and divide proceeds appropriately.

Where to file

File the partition complaint in the Nevada district court for the county where the property is located. Nevada courts are the proper venue for title and partition disputes.

Basic procedural steps

1. Confirm ownership and interests. Obtain a current deed/title report or certified copy of the deed showing who holds record title and any recorded liens, mortgages, or encumbrances.
2. Identify all parties. List all co-owners, known heirs, mortgagees, lienholders, tenants, and other parties with an interest. The court needs everyone before it to fully resolve rights.
3. Attempt resolution first. Nevada courts expect parties to try resolving the dispute through negotiation or mediation when possible. A written settlement can avoid litigation costs.
4. Draft and file a complaint for partition. The complaint should describe the property (legal description), state each party’s claimed interest, explain that the owners cannot agree, and ask the court for partition in kind or, if that is not practical, for a sale. Cite authority under NRS Chapter 40 (for example, see NRS 40.010 regarding the action for partition: NRS 40.010).
5. Serve process. Serve the complaint and summons on all named defendants under the Nevada Rules of Civil Procedure. Proper service is required to give the court power over the parties.
6. Preliminary hearing and injunction requests (if needed). If a co-owner is attempting to sell, rent, or otherwise dispose of property pending the suit, you can ask the court for temporary relief to preserve the property value.
7. Appointment of commissioners or sale. If the court orders partition, it often appoints court commissioners to inspect and recommend whether partition in kind is feasible or whether sale is necessary. See the procedures in NRS Chapter 40 (for example, provisions on commissioners and sale are found throughout the chapter: NRS Chapter 40).
8. Accounting and distribution. If the property is sold, liens, taxes, and court-ordered costs are paid from sale proceeds, then the remainder is distributed among owners according to their interests. The court must usually confirm the sale and the final accounting.

Partition in kind vs. partition by sale

Partition in kind means physically dividing the property into separate plots so each owner gets their share. The court will order in kind when it is equitable and practical. If a fair physical division is impractical (for example, a single house on a small lot), the court will order a sale and divide the proceeds. The decision is an equitable one the court makes after considering whether division will allow reasonable and fair use and value for all owners.

Liens, mortgages, and third-party interests

Recorded liens and mortgages typically remain attached to the property; they are paid from sale proceeds in priority order when a sale occurs. The court will include lienholders as parties so their rights are preserved in the distribution.

Costs, fees, and attorney involvement

Partition actions create court costs, possible appraisal and commissioner fees, and attorney fees if you hire counsel. The court can apportion costs among the parties or order that costs and sale expenses be paid from the sale proceeds. Having an experienced Nevada property attorney can help you manage claims, prepare pleadings, and present valuation evidence.

What to expect in court and typical timeline

• After filing and service, expect preliminary motions and a scheduling conference. A hearing will decide whether to appoint commissioners or order a sale.
• Commissioners inspect and prepare reports. That process can take weeks to months depending on property complexity.
• If the court orders a sale, advertising and sale procedures add additional months. The court must usually approve or confirm the sale and the final accounting.
• Overall, simple matters can resolve in a few months; contested cases often take much longer.

Common defenses and complications

• Claims that one party holds a superior title or that a prior conveyance changed ownership.
• Disputes about the percentage interest each owner holds.
• Claims that the property is exempt from partition because of trust terms, easements, or restrictive covenants.
• Unrecorded interests or missing parties can complicate final distribution.

Helpful hints

• Before filing, get a current title report or certified copy of the deed to confirm all recorded interests.
• Try negotiating a buyout or mediation. Courts and buyers favor resolved disputes and settlements often save time and money.
• List all potential defendants, including lienholders and tenants, so the court can clear title and complete distribution.
• Gather evidence of contributions, improvements, and expenses related to the property if you seek credit at distribution.
• Expect to pay appraisal, commissioner, and advertising costs if the property is sold. These will typically be deducted from sale proceeds.
• Check tax consequences – selling property can trigger capital gains taxes. Speak with a tax advisor if needed.
• Work with a Nevada real property attorney to prepare the complaint, handle service, and protect your rights during valuation and distribution.
• Use the Nevada statute chapter as your starting point: NRS Chapter 40 — Partition. For the statute that initiates a partition action, see: NRS 40.010.