Forcing the Sale or Division of Co-Owned Property After Divorce — Nevada

This FAQ explains the main legal options in Nevada for forcing the sale or division of real property you still co‑own with an ex after a divorce. It assumes you have little or no legal background and describes practical steps, likely court remedies, and what to expect in Nevada. This is general information only and not legal advice.

Primary options available in Nevada

1. Agree to a voluntary resolution. The fastest and least expensive path is negotiating a settlement: selling the property and splitting net proceeds, one spouse buying out the other (a “cash‑out”), or physically dividing the property where feasible. Put any agreement in writing and record deeds as needed.
2. Ask the family (divorce) court to enforce the divorce decree or property division order. If the divorce decree awarded you the property or ordered a transfer but title was never changed, you can ask the family court that entered the decree to enforce its judgment. The court can order the transfer required by the decree, hold a party in contempt for refusing to follow the order, or enter additional orders to effectuate the division. See Nevada divorce statutes for general rules about judgments and enforcement: NRS Chapter 125.
3. File a partition action in district court. When co‑owners cannot agree, Nevada law allows a co‑owner to sue for partition, forcing either a physical division of the land (partition in kind) or sale of the property with proceeds divided among owners. Partition is generally a remedy of last resort after voluntary resolution efforts fail. See Nevada’s partition statutes: NRS Chapter 40.
4. Quiet title or declaratory judgment actions in limited situations. If ownership shares are disputed (for example, whether the divorce court actually gave title to one party), you may bring a quiet title or declaratory judgment action to clarify ownership before or instead of a partition action.

How a partition action works in Nevada

Under Nevada law a partition action typically follows these steps:

• File a complaint in District Court naming all record owners and describing the property.
• Court determines the legal owners and their interests (this may require examining the deed, the divorce decree, and other documents).
• Court considers whether physical division (partition in kind) is practical. If division would be unfair or impractical, the court orders partition by sale.
• If sale is ordered, the court will direct how the sale is conducted (often through a court‑appointed commissioner or by public auction) and how costs and liens are paid before distributing net proceeds according to each owner’s share.

Nevada’s partition statutes and rules provide the framework for these procedures: NRS Chapter 40 – Partition.

Important practical and legal points

• Who owns what matters. The split on sale is determined by legal ownership interests (tenancy in common, joint tenancy, or whatever the deed or court decree says). If the divorce decree modified ownership but the deed wasn’t updated, you can ask the divorce court to enforce the decree.
• Liens and mortgages get paid first. Any mortgage, tax lien, or recorded lien is typically satisfied from sale proceeds before owners divide the remainder.
• Costs and attorney fees. Partition and enforcement actions can be expensive. The court may require payment of commission, filing fees, appraisal costs, and attorneys’ fees. In some cases the court may award fees to the prevailing party, but that is not guaranteed.
• Timing. A partition or enforcement action can take many months to more than a year depending on complexity, whether title disputes exist, and court scheduling.
• Alternative dispute resolution. Courts generally encourage settlement or mediation before trial. Mediation can be faster and cost less than litigation.

When the family court can directly resolve it

If the divorce judge already allocated the property (for example, ordered one spouse to convey their interest to the other), the family court retains jurisdiction to enforce the judgment and effectuate the transfer. If the other party refuses to comply, file a motion to enforce the judgment or contempt motion in the family court that entered the decree. See NRS Chapter 125 for the statutes governing dissolution and court authority.

Sample practical steps to take now

1. Gather documents: recorded deed(s), your divorce decree and property‑division order, mortgage statements, tax bills, lien records, and any written settlement offers.
2. Try a negotiated solution: propose a sale, buyout, or mediation; get any agreement in writing and record deed conveyances promptly.
3. If there’s a decree requiring transfer and the other party won’t comply, contact the family court clerk about filing a motion to enforce.
4. If negotiation fails and no enforceable decree resolves title, consider filing a partition action in District Court under NRS Chapter 40.
5. Consult a Nevada attorney early to review your deeds, decree, and options; an attorney can estimate likely costs and timelines and may help you avoid unnecessary litigation.

Helpful Hints

• Document every communication with your ex about the property (offers, refusals, dates). Written evidence helps in court or mediation.
• Obtain a current market appraisal or broker’s price opinion before negotiating buyouts or listing the property for sale.
• Check the exact language of the deed and the divorce decree—these control ownership and may make enforcement straightforward.
• Be aware of tax consequences. Splitting sale proceeds or accepting a buyout can have capital gains and tax reporting implications—consult a tax professional.
• Consider temporary orders if you still live in the property (who pays mortgage, taxes, utilities) — the court can issue interim orders while disputes proceed.
• Know that partition sales may fetch less than an open market listing; a negotiated sale often yields better net proceeds for both parties.
• Ask your attorney about possible recovery of attorney fees if the other side acted in bad faith—Nevada courts have discretion on fee awards.

Statutory references (Nevada): Partition actions are governed by NRS Chapter 40: https://www.leg.state.nv.us/NRS/NRS-040.html. Divorce and enforcement of property division judgments are under NRS Chapter 125: https://www.leg.state.nv.us/NRS/NRS-125.html.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney‑client relationship. For advice specific to your situation, consult a licensed Nevada attorney.