Detailed Answer: How to file a partition-for-sale suit in Nevada when some siblings refuse to sell

Short answer: In Nevada you can ask a court to force a sale of jointly owned inherited land (a partition-for-sale) even if a minority of co-owners object. Nevada law allows any co-owner to sue for partition. The court will first consider whether the property can be fairly divided (partition in kind); if division is impractical or would be unfair, the court may order the property sold and the proceeds divided among owners according to their ownership shares. See Nevada Revised Statutes, Chapter 40 (Partition): https://www.leg.state.nv.us/NRS/NRS-040.html.

Key terms (plain English)

Tenant in common: A common form of co-ownership when heirs inherit land. Each owner holds a distinct share that can be unequal and can be sold or passed on separately.
Partition in kind: Physically dividing the land into separate parcels so each owner gets a piece.
Partition by sale (partition-for-sale): Court orders the property sold (usually at auction or private sale) and divides net money among owners according to shares.
Commissioner or referee: A person the court may appoint to value, divide, or sell the property and handle the sale logistics.

Step‑by‑step process under Nevada law

Confirm ownership and type of ownership. Collect deeds, wills, probate orders, or other documents that show each sibling’s legal interest. Most inherited property ends up as tenants in common unless a will or deed creates joint tenancy.
Try to settle first. Courts expect parties to attempt negotiations. Offer a buyout (one or more siblings buy the objecting sibling’s share), mediation, or a private sale. Settling saves costs and time.
Prepare the complaint for partition. If talks fail, file a civil complaint for partition in the district court where the land sits. The complaint identifies the property, states each owner’s interest, and asks the court to partition in kind or, if not feasible, to order a sale and division of proceeds. The action must name all parties with an interest (co-owners, lienholders, mortgagees).
Serve all parties and interested lienholders. Everyone who may claim an interest must be served so the court can resolve all competing rights in the same action.
Court investigation and proof. The court examines title evidence and facts. Parties may present recent appraisals, surveys, tax records, and evidence about whether the land can be divided practically without unfairness or prejudice.
Court chooses division method. Nevada courts prefer partition in kind when feasible. If division would materially impair value or is impractical (a single-family lot, a small parcel, or improvements that prevent fair division), the court will order sale and direct how sale proceeds will be distributed. See Nevada Revised Statutes, Chapter 40: https://www.leg.state.nv.us/NRS/NRS-040.html.
Commissioner or sale procedures and distribution. The court often appoints a commissioner to divide property or manage sale. After sale, the court deducts liens, taxes, costs, and commissions, and then distributes net proceeds to owners by their ownership shares.

What you should bring and prepare before filing

Copy of the deed or probate order showing how title passed.
Names and last-known addresses of all co-owners and any lienholders.
Recent property tax statements, mortgage information, and any leases or possession agreements.
Any appraisals, surveys, or maps that show property layout and improvements.
Records of improvements or contributions (if you intend to seek contribution credits).

Common objections the minority may raise (and how courts handle them)

Claim of exclusive possession: Using the land doesn’t usually block partition. The court may account for rents or use when distributing proceeds.
Claim of adverse possession: That requires meeting strict legal elements and timeline; it’s separate from a partition claim and must be proven.
Contributions and improvements: A co-owner who paid mortgages or made improvements may seek offsets or credits; the court can account for these when dividing proceeds.

Costs, timing, and risks

Partition actions are equity proceedings; they can take several months to over a year depending on case complexity, discovery, appraisal, and sale timing. Costs include filing fees, service costs, appraiser and survey fees, legal fees, and sale commissions. The objecting minority cannot stop a partition simply by refusing; they can raise defenses and request fair accounting or offsets.

Where to find Nevada law and court help

Nevada Revised Statutes, Chapter 40 (Partition): https://www.leg.state.nv.us/NRS/NRS-040.html
Nevada Courts self-help and forms (general civil procedures): https://www.nvcourts.gov/self_help/

Helpful Hints

Open negotiations first: propose a buyout or mediation to avoid court costs and preserve family relationships.
Get a current professional appraisal and a boundary survey early; these documents strongly influence the court’s partition decision.
Identify and notify mortgage holders and lienholders — the court must clear liens or provide for their payment from sale proceeds.
Document contributions (mortgage payments, taxes, repairs). Courts can credit unequal contributions when dividing proceeds.
Consider a structured buyout: one or more siblings take a mortgage to buy out objectors rather than a public sale.
Ask about temporary relief: the court can award rents or account for exclusive possession pending resolution.
Talk to a Nevada real property attorney early. An attorney can prepare the complaint, ensure proper parties are served, and protect your share.

Disclaimer: This article explains general Nevada law and common steps in a partition action. It is educational only and does not constitute legal advice. For advice about your situation, consult a licensed Nevada attorney who can apply the law to your exact facts.