Nevada: Documents and Information to Provide Your Lawyer to Start a Partition Case

Detailed answer — documents and information your lawyer will need

In Nevada, an action to partition real property is a civil lawsuit asking the court to divide or sell property owned jointly. See Nevada Revised Statutes (NRS) Chapter 40 for the statutory framework (for example, NRS 40.010 describes who may maintain a partition action): https://www.leg.state.nv.us/NRS/NRS-040.html and https://www.leg.state.nv.us/NRS/NRS-040.html#NRS040Sec010. To start a partition case, bring the following categories of materials and information to your attorney.

1. Proof of ownership and chain of title

• Deed(s) that show how you (and the co-owners) acquired the property (grant deed, warranty deed, quitclaim deed).
• Title report or policy, if available.
• Recent Clark County (or other Nevada county) property tax statements and the Assessor’s parcel number (APN) or parcel ID.
• Any recorded documents affecting title: easements, covenants, restrictions, mechanic’s liens, or notices of default — obtain these from the county recorder’s online records if you do not have hard copies.

2. Identity and contact information for all owners and interested parties

• Full legal names, current addresses, phone numbers, emails of all co-owners listed on title.
• Names and contact details for lienholders (mortgage lenders), judgment creditors, tenants, or anyone with a recorded interest in the property.
• If some owners are deceased or incapacitated, bring probate case numbers, death certificates, trust documents, or powers of attorney that show who can act for them.

3. Mortgages, liens, and encumbrances

• Mortgage or deed of trust documents and payoff statements (or the account numbers and lender contact information so your lawyer can request payoffs).
• Judgments, tax liens, HOA liens, or other recorded encumbrances and any lien releases.

4. Agreements, leases, and prior communications

• Written agreements among co-owners: operating agreements, buy-sell agreements, partnership or LLC documents that relate to the property.
• Leases, rent ledgers, security deposit records, and tenant contact info if the property is rented.
• Emails, letters, texts, or written proposals about dividing or selling the property, offers made, or attempts at settlement or mediation.

5. Evidence of contributions, improvements, and expenses

• Receipts, cancelled checks, bank statements, or invoices showing payments for mortgage, taxes, insurance, repairs, or improvements made to the property.
• Any agreements proving one party paid more than their share and seeks reimbursement.

6. Physical and technical property information

• Recent survey, plot map, or assessor map identifying boundaries.
• Home inspection reports, environmental reports (if any), or appraisals.
• Photos of the property, interior and exterior, showing condition and any improvements or disputes (e.g., fence lines).

7. Court and government records

• Copies of any previous court filings involving the property (divorce, probate, quiet title actions, prior partition attempts).
• HOA records, violation notices, or foreclosure documents.

8. Your objectives and practical information

• State clearly whether you prefer an in-kind division (physically splitting the property) or a sale and division of proceeds. Nevada courts can order sale or partition in kind depending on circumstances.
• List your timeline expectations and any financial constraints (ability to fund an appraisal, survey, or court costs).
• Tell your attorney about any safety concerns, disputes, or urgent deadlines (e.g., pending foreclosure).

9. Identification and authorization documents

• Government-issued photo ID (to confirm your identity).
• If you appear on behalf of someone else, bring powers of attorney, letters of administration, or trustee certificates that authorize you to act.

10. Money and fee authorization

• Be prepared to discuss retainer requirements and provide funds for filing fees, service of process, and third-party costs (appraiser, surveyor, title searches).

What your lawyer will do with this information

After reviewing the materials, your attorney will:

• Identify legal owners and necessary defendants under NRS Chapter 40.
• Determine whether partition in kind is feasible or whether sale is more practical.
• Order title searches, obtain a current appraisal, and possibly a survey.
• Prepare and file the complaint for partition, arrange service, and manage discovery and settlement talks.
• Estimate costs, timeline, and likely outcomes so you can make an informed decision.

Costs, timeline, and likely hurdles

Expect court filing fees, service fees, costs for appraisals and surveys, and possible escrow or sale costs. Simple uncontested partitions can resolve in a few months; contested cases that require discovery, motion practice, or trial can take a year or longer. Disputes about valuation, contribution claims, or title defects are common cost drivers.

How to get the most from your first meeting

• Bring organized copies (and a digital folder) of the documents listed above.
• Prepare a short timeline of how you acquired the property and key events with dates.
• List questions and state your preferred outcome clearly (sale, buyout, division).
• Give the attorney full disclosure of liens, disputes, or hidden facts — surprises slow the case and increase costs.

For the statutory framework and to review the statutory right to partition, see Nevada Revised Statutes, Chapter 40: https://www.leg.state.nv.us/NRS/NRS-040.html.

Important: This article explains common practice and typical documents used to begin a partition action in Nevada. It is educational and not legal advice. Consult a licensed Nevada attorney to evaluate your specific situation and represent you in court.

Helpful hints

• Start gathering documents immediately — county record searches and lender payoffs take time.
• If you lack a deed or title, obtain a certified copy from the county recorder before your attorney files suit.
• Obtain a preliminary title report early; it clarifies liens and who must be named in the suit.
• Get a recent appraisal if owners strongly disagree about value; an agreed appraiser can save time and expense.
• Consider mediation before filing; Nevada courts often encourage settlement and it can be far cheaper than litigation.
• If the property is at risk of foreclosure, tell your attorney immediately — that creates urgency and may change strategy.
• Keep originals safe and provide your attorney with copies and digital scans for the file.

Again, this is general information only and not legal advice. Talk to a licensed Nevada attorney to get guidance tailored to your facts.