Detailed Answer — Nevada partition sales and court-appointed commissioners
This answer explains how Nevada courts handle partition sales and whether you can ask the court to appoint a commissioner (sometimes called a referee or special master) to carry out a private sale to a buyer. It assumes no prior legal knowledge and summarizes key steps, typical court concerns, and what you should expect procedurally.
What Nevada law governs partition actions?
Partition actions in Nevada are governed by NRS Chapter 40. That chapter sets out remedies for co-owners who cannot agree on how to use or divide real property, including sale of the property when partition in kind is impracticable. See Nevada Revised Statutes, Chapter 40: https://www.leg.state.nv.us/NRS/NRS-040.html.
Can the court order a sale and appoint someone to conduct it?
Yes. Under Nevada partition principles courts may order the sale of the property rather than dividing it physically when a fair division is not feasible. When the court orders a sale, it has authority to appoint a neutral officer of the court to supervise or carry out the sale process. In practice courts commonly appoint a commissioner, referee, or special master to conduct the sale, receive bids, handle closing, and report back to the court.
Is a private sale to a specific buyer allowed?
A private sale can be approved, but it is subject to court approval and close judicial scrutiny. Courts will consider whether a private sale is fair, whether it produces a reasonable price, and whether the process was free from collusion. Nevada courts typically prefer sales that produce the best available price for all co-owners. If the parties present a private sale as the best way to maximize value (for example, because a willing, ready, and able buyer offers full market value and there is a legitimate reason a public sale would yield less), the court may approve it after notice and a hearing.
What do judges look for before approving a private sale administered by a commissioner?
- Neutrality and qualifications of the appointed commissioner or referee.
- Evidence the proposed private sale is fair and arm’s-length (appraisals, market evidence, comparable sales).
- Disclosure of any relationship between the buyer, the commissioner, or any party (to prevent conflicts or collusion).
- Proper notice to all co-owners and interested parties and an opportunity for objections.
- A proposed order describing the sale terms, sale price, allocation of proceeds, costs, and how liens or mortgages will be handled.
How do you ask the court to appoint a commissioner and approve a private sale?
Typical procedural steps you would use in Nevada:
- File or join the partition action under NRS Chapter 40 (or file a motion in an existing partition case).
- Serve all co-owners, lienholders, and other interested parties with proper notice of the motion for sale and request for appointment of a commissioner.
- Attach supporting evidence: purchase agreement (if there is a buyer), appraisal or broker opinion of value, disclosures about relationships, and a proposed order appointing the commissioner and authorizing the private sale.
- Ask the court for a hearing. Be prepared to show why a private sale will produce a better result than a public sale or auction.
- If the court approves, the judge will issue an order appointing the commissioner and setting terms for the sale, confirmation procedure, and distribution of proceeds.
- After the sale, the commissioner files a report and account with the court. The court will review and confirm the sale before distributing proceeds and closing the case.
Risks and common objections
Co-owners or creditors can object to a private sale. Common objections include inadequate price, lack of adequate marketing, undisclosed relationships among parties, and improper procedure or notice. Courts may deny approval or require additional protections (such as obtaining an independent appraisal or holding a confirmation hearing with the right to overbid).
Practical considerations
If you want the court to appoint a commissioner to handle a private sale to your buyer, do the following to improve your chances:
- Obtain a current independent appraisal or credible broker opinion of value.
- Disclose any relationship between the buyer and the proposed commissioner or any party.
- Show why a private sale will likely yield a better price or be less costly than a public sale.
- Provide a clear proposed order that limits the commissioner’s authority and sets confirmation procedures and timelines.
- Consider asking co-owners to stipulate to the private sale if possible — a stipulation greatly reduces the chance of objection.
Ultimately, approval is within the court’s discretion. The court’s overriding concern will be protecting the rights of all co-owners and creditors and ensuring the sale is fair and produces a reasonable price.
Statutory reference: Partition actions and the court’s remedies are set out in NRS Chapter 40: https://www.leg.state.nv.us/NRS/NRS-040.html. Review that chapter for the statutory framework and consult local court rules for procedures about appointing commissioners or referees.
Helpful Hints
- Hire a Nevada real estate or civil litigation attorney to prepare your motion, proposed order, and disclosures. A lawyer can tailor filings to local court practices.
- Get an independent appraisal early. Courts give weight to an objective valuation when approving private sales.
- Be transparent. Fully disclose any connections between the buyer and the commissioner or parties to avoid allegations of collusion.
- Consider a public sale fallback provision in your proposed order (allow overbids or require a confirmation hearing) to reassure the court.
- Provide clear accounting instructions for liens, mortgages, sale costs, commissions, and distribution of net proceeds.
- Keep deadlines tight. Courts dislike open-ended authority for sales; propose firm timelines for sale, report, and confirmation.
- If co-owners can agree on a buyout instead of a sale, prepare a buyout agreement and proposed consent order for quicker resolution.
Disclaimer: This article provides general information about Nevada partition procedures and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Nevada attorney.