Short answer

Generally, a person who holds a life estate in Nevada keeps the right to possess and live in the property for the duration of the life estate. A partition action brought by a co-owner or remainder holder does not automatically evict a life tenant. However, a Nevada court can order a partition by sale (rather than division in kind) if dividing the property physically is impractical, and the sale will end the life tenant’s exclusive ownership interest by converting interests into money. The outcome depends on the nature of ownership interests, whether partition in kind is feasible, and the court’s valuation and apportionment of interests. For statutory guidance on partition actions, see Nevada Revised Statutes, Chapter 40 (Partition): https://www.leg.state.nv.us/NRS/NRS-040.html

Detailed answer — how possession and partition interact under Nevada law

What a life estate means in Nevada

A life estate gives the life tenant the right to possess and use the property for the duration of the life named in the estate (usually the life tenant’s life). Other owners (remaindermen or reversioners) hold future interests that become possessory only when the life estate ends. Life estates and conveyances-related rules appear in Nevada law on conveyances and property; see NRS Chapter 111 for related provisions: https://www.leg.state.nv.us/NRS/NRS-111.html

What a partition action is

A partition action is a lawsuit that lets co-owners of real property ask a court to divide the property between them or sell it and divide proceeds. Nevada’s partition statutes and procedures are in NRS Chapter 40: https://www.leg.state.nv.us/NRS/NRS-040.html. A court generally prefers a partition in kind (physical division) when practical. If division in kind would be unfair or impractical, the court may order a sale and divide the net proceeds among the owners according to their interests.

How the life tenant’s possession is treated during a partition

Presumption of continued possession: As a possessor by virtue of the life estate, the life tenant normally retains the right to occupy the property while the estate exists. A partition action does not, by itself, strip that possessory right.
Partition in kind vs. partition by sale: If the property can be physically divided fairly, a court may order partition in kind and the life tenant could continue occupying their allotted portion (or the entire property if their estate and the co-owners’ interests are so arranged). If a partition in kind is impractical or would damage value, the court may order a sale (partition by sale). A sale converts the life estate and future interests into cash distributions. After sale and transfer, the buyer’s rights and the life tenant’s occupancy depend on the sale terms and any court orders about possession.
Apportionment of sale proceeds: When sale occurs, proceeds are divided according to each owner’s present value interest. The life tenant’s share of proceeds is based on the life estate’s present value; remaindermen receive the portion attributable to their future interest. The court or parties may use actuarial tables, appraisals, and discounting to compute present values.
Temporary orders and possession during litigation: A court can issue temporary orders (injunctions, stay, or orders about rents and occupancy) while the partition case is pending. If a co-owner seeks immediate possession or rent, the court will weigh competing rights and may require the occupant to pay rent to other owners for use and occupation.
Eviction is not automatic: A life tenant cannot be forcibly removed simply because someone has filed for partition. Any eviction or transfer of possession must come through proper court orders after notice and an opportunity to be heard.

Practical consequences and common outcomes

Typical paths in Nevada include:

Agreement between owners — buyout: Co-owners may negotiate a buyout where remaindermen pay the life tenant for continued possession or to end the life estate early.
Partition in kind: If the property is divisible (for example, large acreage), the court may divide ownership and allow continued possession consistent with the new shares.
Partition by sale: The court orders sale; life tenant receives the present-value share of proceeds and may be required to move once the property transfers to a purchaser.
Stay or temporary possession order: The court may require the life tenant to pay a fair rental amount to other owners during the litigation or may allow the life tenant to remain until sale closes, depending on circumstances and equitable considerations.

Example (hypothetical)

Alice holds a life estate in a house; Bob and Carol hold equal remainder interests. Bob files a partition action under NRS Chapter 40. The court appoints an appraiser. If the house cannot be divided without substantial loss, the court may order sale and split net proceeds so Alice receives the present-value of her life estate and Bob and Carol split the remainder value. Alice may be allowed to remain until the sale closes, but the court might require her to pay toward taxes, insurance, or rent to Bob and Carol during the process.

What to expect procedurally

Filing: A co-owner files a complaint for partition in the appropriate Nevada court (often district court). See NRS Chapter 40 for statutory procedures: https://www.leg.state.nv.us/NRS/NRS-040.html.
Service & notice: All interested parties, including life tenants and remainder holders, must be served and will have opportunity to respond.
Appraisals and proposals: The court may order appraisals, solicit proposals for division, or schedule a sale.
Interim orders: The court can issue interim orders about possession, rent, or security during the case.
Final order: The court orders partition in kind or by sale and directs distribution of proceeds based on interests and valuations.

How to protect your rights if you are the life tenant

Get the documents: Obtain the deed, trust documents, wills, and any instruments describing the life estate and remainder interests.
Respond to the lawsuit: If a partition complaint is filed, respond in time and attend court dates. Missing deadlines can lead to default orders.
Ask for a temporary possession order: If you need to remain in the home during litigation, ask the court for a temporary order protecting your occupancy or setting the terms (rent, maintenance responsibilities).
Obtain appraisals: Seek professional appraisal(s) so the court has reliable value evidence if a sale is likely.
Negotiate a buyout: Consider offering or accepting a buyout that compensates either the life tenant or the remainder holders to avoid sale and relocation.
Talk to an attorney: Partition and life-estate valuation involve complex property and equitable rules. A Nevada property attorney can explain likely outcomes, calculate present-value shares, and represent you in court.

Relevant Nevada law (starting points)

Partition statutes and procedure: NRS Chapter 40 — https://www.leg.state.nv.us/NRS/NRS-040.html

Conveyances, estates, and related rules: NRS Chapter 111 — https://www.leg.state.nv.us/NRS/NRS-111.html

Helpful hints

Preserve records: Keep the deed, any trust documents, tax bills, mortgage statements, insurance policies, and maintenance receipts organized.
Act fast: Responding promptly to any court papers preserves procedural rights and makes it easier to seek temporary relief if threatened with eviction.
Get an appraisal early: A current market appraisal strengthens your position in negotiations or litigation about sale vs. division.
Consider mediation: Courts often encourage settlement; mediation can produce buyouts or occupancy agreements that keep you in the home or give fair compensation.
Understand costs: Partition actions can be costly and take time. Compare legal fees and likely net outcomes versus negotiating a private buyout.
Don’t assume eviction: A filed partition does not immediately remove possession rights. Any change in occupancy will come only through a court order or settlement.

Disclaimer: This article explains general principles under Nevada law and is for informational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Nevada attorney.