What Steps Are Required to File a Court Petition to Partition Land Owned by Multiple Relatives in Nevada

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your circumstances.

Detailed Answer

Under Nevada law, co-owners may ask the district court to divide (partition) real property when they cannot agree on use or sale. Chapter 40 of the Nevada Revised Statutes governs partition actions: NRS Chapter 40.

1. Confirm Ownership and Shares. Gather deeds or title documents showing each relative’s ownership interest. Note each co-owner’s name, mailing address, and percentage interest in the property.
2. Prepare a Legal Description. Use a survey or deed to create an accurate legal description of the parcel. Courts require this description in the petition.
3. Select Partition Type. Decide if you request a partition in kind (physically dividing the land) or a partition by sale. Under NRS 40.010, courts first try a partition in kind. If the court finds it impractical or unfair, it orders a sale and divides the proceeds.
4. Draft the Complaint (Petition). In the district court for the county where the land lies, include:
   • Case caption and court name.
   • Parties’ names and addresses.
   • Legal description of the land.
   • Statement of co-ownership interests.
   • Request for partition in kind or sale.
   • Designation of a court-appointed commissioner to manage the partition or sale (NRS 40.170).
5. File the Complaint and Pay Fees. Submit the complaint to the clerk’s office of the appropriate Nevada district court. A filing fee applies—check current rates at nvcourts.gov.
6. Serve Summons and Complaint. Under the Nevada Rules of Civil Procedure, you must personally serve each co-owner with the summons and complaint. Alternatively, you can use certified mail with return receipt or a process server.
7. Await Responses and Attend Hearings. Co-owners have 20 days to respond. The court sets a scheduling conference or hearing. At the hearing, the judge may:
   • Order a surveyor to divide the land.
   • Appoint a commissioner to oversee partition or sale.
   • Set deadlines for motion practice or valuation disputes.
8. Commissioner’s Report and Sale. If the court orders a sale, the commissioner handles marketing and sale under NRS 40.260. The commissioner files a sale report and distributes proceeds according to ownership shares.
9. Finalize the Judgment. After sale or division, the court signs a decree confirming partition or approving the sale report. Record the decree and any new deeds with the county recorder.

Helpful Hints

• Review all deeds and title reports before filing.
• Consider mediation to avoid litigation costs.
• Use a certified surveyor for precise land divisions.
• Keep all co-owners informed to reduce disputes.
• Track deadlines for responses and service of process.
• Consult real estate counsel for complex title issues.