How to File a Partition Action in Nevada to Split Inherited Property | Nevada Partition Actions | FastCounsel
Get Matched
NV Nevada Partition Actions

How to File a Partition Action in Nevada to Split Inherited Property

August 12, 2025 6 min read

Understanding How to Force a Partition of Inherited Real Property in Nevada

This article explains, in plain language, the practical steps someone typically takes to force the sale or division of inherited real property in Nevada when a co-owner will not cooperate. It summarizes the usual procedural path in Nevada district court, highlights important legal concepts, and gives a short hypothetical to make the process concrete. This is educational information only and not legal advice.

Key legal basis

Nevada law allows co-owners of real property to seek a judicial partition if they cannot agree on possession, use, or disposition. See NRS Chapter 40 on partition procedures and remedies for co-owners: https://www.leg.state.nv.us/NRS/NRS-40.html. A court may order a partition in kind (physically divide the land) or, if physical division is impractical or would cause prejudice, order a sale and division of proceeds.

Detailed answer — step-by-step process under Nevada law

1. Confirm ownership and legal status of the property

  • Obtain a complete title report or deed records from the county recorder where the property is located. Verify how title is held (tenancy in common, joint tenancy, etc.).
  • After an owner dies, property often becomes owned by heirs as tenants in common unless the deed or title establishes survivorship rights. Correct identification of owners is critical for service and pleadings.

2. Attempt an informal resolution first

  • Send a clear written demand to the co-owner(s) proposing a solution (buyout, sale, mediation). Keep a copy and document delivery (certified mail or process server).
  • Mediation or neutral valuation can resolve disputes faster and at lower cost than litigation.

3. Prepare to file a partition complaint in district court

  • If informal efforts fail, prepare a complaint for partition in the Nevada district court in the county where the property is located. The complaint should include:
    • A legal description of the property.
    • The names and addresses of all owners and any known lienholders or other parties with an interest in the property.
    • A clear request for relief: partition in kind if feasible, or sale and division of proceeds if not.
    • A request that the court appoint a commissioner or referee to make the physical division or supervise the sale.
  • File any required civil filing fees and complete local court forms. Consider filing a request for a preliminary injunction if a co-owner is taking actions that would waste or dissipate property value (for example, removing fixtures or making destructive alterations).

4. Service of process and notice to lienholders

  • Serve the complaint and summons on all tenants in common, joint tenants, devisees, and any recorded lienholders according to Nevada rules for service. Proper service is required before the court can exercise authority over those parties.
  • Record notice or provide constructive notice where required to reach unknown owners or parties. The court may allow substituted service in limited circumstances.

5. Court procedures, appointment of a commissioner, and valuation

  • The court will set deadlines for responses, discovery, and possibly a settlement conference or mediation. Co-owners may assert offsets, liens, or claims for contributions (for example, payments of mortgage or taxes).
  • If the court orders partition in kind, it often appoints a commissioner or surveyor to prepare a proposed division. The commissioner prepares a report and the court can confirm or modify it.
  • If the court finds partition in kind impractical or unfair, it will order a sale. The court usually directs a public sale (auction) or sale on terms it approves and then supervises distribution of proceeds after paying costs, liens, and priorities.

6. Dealing with mortgages, liens, and creditors

  • Recorded mortgages and liens travel with the property. The sale proceeds normally pay lienholders in priority order. Make sure the complaint names known lienholders so the court can adjudicate their interests.

7. Final accounting and distribution

  • After sale and payment of costs and liens, the court issues an order distributing net proceeds among co-owners according to their ownership shares (or as otherwise adjudicated by the court).
  • Obtain a final court order and a clerk’s certificate of sale or deed transfer to clear title. Record court orders and any new deed with the county recorder.

Practical timeline and costs (typical but variable)

  • Simple consensual resolution: weeks to months.
  • Contested partition action: several months to over a year depending on backlog, complexity, and appeals.
  • Costs include filing fees, service costs, attorney fees (if hired — Nevada allows the court to award costs and sometimes attorneys’ fees in some partition matters), appraisal and commissioner fees, and sale costs.

Short hypothetical example

Two siblings inherit a rural parcel after their parent dies. One sibling refuses to sell or buy out the other. The cooperative sibling orders a title report, sends a written demand offering mediation, and consults an attorney. After no agreement, they file a partition complaint in the county district court with a legal description, name the uncooperative sibling and the mortgage company. The court appoints a commissioner, but divides is impractical, so the court orders a public sale. The mortgage is paid from sale proceeds and the siblings split the net balance according to their legal shares.

Relevant Nevada statute (starting point)

For statutory rules governing partition actions in Nevada, see NRS Chapter 40 (Partition): https://www.leg.state.nv.us/NRS/NRS-40.html. That chapter sets out who may seek partition, the court’s authority to divide real property or order sale, and related procedures. Consult local court rules for filing and civil procedure requirements in the county where the property is located.

Disclaimer

This is general information about Nevada law and not legal advice. It does not create an attorney-client relationship. For case-specific guidance and representation, consult a licensed Nevada attorney who handles partition, probate, or real estate litigation.

Helpful Hints

  • Start with a title search and complete chain of title before filing. Missing parties can complicate or delay the case.
  • Send a written demand and propose mediation before filing to preserve time and money.
  • Document all payments you make related to the property (mortgage, taxes, repairs). The court may credit these against distributions.
  • If you want to keep the property, be ready to present financing or a buyout offer supported by valuation evidence.
  • Expect the court to prefer partition in kind when a fair physical division exists; otherwise expect sale and distribution of proceeds.
  • Notify and name lienholders in the complaint so their interests are addressed at the sale.
  • Costs can be substantial; compare the cost of litigation to potential net proceeds if the property sells.
  • Consult an attorney early if there are complex issues: mineral rights, leases, environmental contamination, or disputes about ownership shares.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.