How to Force Sale of Property Through Partition in Nevada
Disclaimer: This is not legal advice. This article provides general information about Nevada law and does not create an attorney-client relationship.
Detailed Answer
In Nevada, co-owners of real property can force its sale through a partition action under Chapter 39 of the Nevada Revised Statutes. A partition action allows co-owners to divide property in kind or, if a physical division would impair the value or be inequitable, to sell it and distribute the proceeds.
1. Filing the Complaint
Under NRS 39.010, any co-owner may file a complaint in the district court. The complaint must describe the property and list all parties with an interest, including co-owners and lienholders.
2. Joinder and Service
The court requires joinder of all co-owners and recorded lienholders. Each party must be served with the complaint and given an opportunity to participate.
3. Answer and Pretrial Procedure
Respondents must file an answer under NRS 39.020. The court may order exchange of appraisals or mediation to clarify competing interests and narrow issues.
4. Hearing and Partition Order
At the hearing, the court evaluates whether partition in kind is practical. If dividing the land would impair its value or fairness, the court orders a sale under NRS 39.090. The court may appoint a commissioner or trustee to conduct the sale.
5. Sale and Distribution
The appointed commissioner sells the property at a public auction or by private sale under court supervision. After paying valid liens and court costs, the commissioner distributes the net proceeds to co-owners according to their ownership shares.
Helpful Hints
- Verify all title holders and liens before filing to avoid missing parties.
- Obtain a current professional appraisal to support property valuation.
- Consider mediation to reduce litigation time and expense.
- Budget for filing fees, service costs, and commissioner fees.
- Consult a Nevada attorney experienced in real estate partition actions.