Detailed Answer
Short answer: In Nevada, the petitioners in a partition action are the person or persons who hold a legal or equitable ownership interest in the property and who bring the lawsuit asking the court to divide the property (or order its sale). That typically means one or more co-owners (recorded owners or persons with a recognized ownership interest) who want partition. All other persons or entities with a recorded or known interest in the property (co-owners, mortgagees, lienholders, lessees, heirs, personal representatives, etc.) should be identified and named in the complaint so they can be joined as parties and notified.
Nevada law lets “any person having an estate or interest in land” maintain an action for partition. See NRS Chapter 40 (Partition) and specifically NRS 40.010: any person with an estate or interest may bring the action. For the statute text, see: NRS 40.010 (Nev.) and the chapter overview at NRS Chapter 40.
Who is properly a petitioner?
- Record owners (people or entities named on the deed) who want the court to divide or sell the property. Any owner can file; multiple owners often join as co-petitioners when they all want partition.
- Equitable owners or parties with an enforceable ownership interest (for example, certain sellers under a contract for deed or parties with a recognized beneficial interest). If you have a significant equitable interest, talk with counsel about whether you should be a petitioner or listed as a party so your rights are protected.
- If the titled owner is deceased, the personal representative of the estate or the heirs (depending on whether probate is open and who represents the estate) may need to be a petitioner or be named as a party. Do not assume heirs can be ignored—identify the correct legal representative.
Who should NOT be petitioners but must still be named?
- Lienholders, mortgagees, judgment creditors, and other encumbrancers: these parties usually are named as defendants or interested parties (so the court can resolve liens and preserve clear title) rather than as petitioners.
- Tenants or licensees who do not claim ownership but have possessory or lease interests: they should be notified and named so the court recognizes their rights.
Practical points under Nevada law
- Nevada permits partition in kind (divide the land) or partition by sale if a fair division is impractical. Petitioners should explain their requested remedy when filing. See NRS Chapter 40 for procedures and remedies: NRS Chapter 40.
- Failing to identify and properly serve all persons with an interest can lead to later challenges, clouded title, or the need to re-litigate. A careful title search and chain-of-title review before filing helps ensure everyone with a recorded interest is named.
- One owner can file alone and ask the court to join others as parties; alternatively, multiple owners who agree can file together as co-petitioners.
Common scenarios and how to list petitioners
- Two siblings own property as tenants in common and both want partition: both can (and commonly should) be co-petitioners so the court records both desires and avoids later disputes.
- One co-owner wants partition but others oppose or cannot be located: the interested co-owner can file alone as petitioner, but must make a diligent effort to identify and serve all possible owners and encumbrancers; the court may permit service by alternative methods for unknown parties.
- Property titled to a deceased owner with an open probate estate: the personal representative (executor/administrator) typically acts for the estate and may need to be a petitioner; if there is no representative, heirs should be identified and named.
Why getting the parties right matters
- Complete joinder prevents later claims that a party’s rights were ignored.
- The court cannot resolve the rights of unjoined, unknown, or unserved interested parties; that can leave title defective and reduce the usefulness of a partition judgment.
- Correctly naming lienholders lets the court address how liens will be paid from sale proceeds or handled after partition.
Next steps
- Obtain a current title report or perform a title search at the county recorder’s office to identify all recorded owners and encumbrancers.
- If the ownership facts are atypical (probate, trusts, contracts for deed, business entities, or unknown heirs), consult a Nevada real estate attorney to determine who should be petitioners, who should be defendants, and how to serve unknown parties properly.
Disclaimer: This information is educational only and not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Nevada attorney.
Helpful Hints
- Start with the recorded deed: list every person or entity shown as an owner on title as a petitioner or a properly named party.
- Pull a title report or search county records for mortgages, notices of default, mechanic’s liens, judgment liens, and recorded leases—name those parties in the complaint.
- If an owner is deceased, identify whether probate is open and whether a personal representative exists; name the representative or heirs accordingly.
- Decide whether you and any agreeing co-owners want to file together as co-petitioners; filing together reduces the chance of future disputes among petitioner group members.
- If you cannot locate an owner, consult counsel about permissible methods of joinder and service (e.g., service by publication or appointment of a guardian ad litem for unknown parties).
- Be explicit in the petition about the relief requested (partition in kind or sale) and ask the court to determine priority of liens and distribution of proceeds when applicable.
- Document your efforts to identify and serve interested parties—courts often require proof of diligent search when parties are unknown or absent.
- Because mistakes in party designation can be costly, consider hiring a Nevada attorney experienced in real estate litigation to prepare and file the partition complaint.