Detailed Answer
What Is a Partition Action?
Under Nevada Revised Statutes (NRS) Chapter 40, a partition action allows co-owners of real property to divide or sell the property and distribute the proceeds. A co-owner files a lawsuit in district court to force either a physical division (“partition in kind”) or a sale and cash distribution (“partition by sale”). NRS 40.010
Types of Partition in Nevada
- Partition in Kind: Courts divide property into distinct portions based on ownership interests. See NRS 40.080.
- Partition by Sale: Courts order sale if a physical division is impractical. See NRS 40.090.
Partition Process Step-by-Step
- File Complaint: A co-owner files a complaint in district court naming all owners, describing the property, and stating the requested relief. Refer to NRS 40.030.
- Service of Process: The court serves each co-owner official notice of the action.
- Appointment of Commissioners: The court appoints three disinterested commissioners to inspect the property and propose a division or sale plan. See NRS 40.070.
- Commissioners’ Report: Commissioners file a report with a proposed partition plan. Parties may object or request modifications.
- Final Order: The court issues a final decree ordering a division in kind or a sale.
Distribution and Expenses
In a partition by sale, the clerk conducts a public auction. Net proceeds first pay liens, mortgages, and court costs. The remainder distributes to co-owners according to their ownership percentages. See NRS 40.100 and NRS 40.120.
Disclaimer: This information is for educational purposes and does not constitute legal advice. Consult a licensed attorney for guidance on partition actions in Nevada.
Helpful Hints
- Confirm each co-owner’s ownership interest and share before filing.
- Obtain a professional appraisal to support a fair division or sale.
- Consider mediation or negotiation to reduce litigation costs.
- Resolve existing liens or mortgages early to simplify distribution.
- Track court deadlines and comply with procedural requirements in district court.