Quick answer
If one co-owner of real property in Nevada refuses to continue negotiating or mediate, you can ask a Nevada district court to order a judicial partition and sale of the property. Nevada law allows co-owners to bring a partition action asking the court either to divide the property (partition in kind) or, if division is impractical, to order a sale and divide the proceeds. See NRS Chapter 40 for the statutory framework: NRS Chapter 40 (Partition). This process requires filing a lawsuit, proving ownership, and asking the court for relief; the court can appoint an officer to sell the property if a physical split is impossible.
Detailed answer — how the process works under Nevada law
1) Confirm your legal position. You must show you have an ownership interest (title, deed, or recorded document). Collect deeds, title reports, mortgages, liens, and any written agreements between owners.
2) Attempt informal resolution and document efforts. Courts appreciate a record showing you tried negotiation or mediation. Send a written demand explaining your request to partition or buyout and preserve proof of delivery.
3) File a partition action in Nevada district court. If informal efforts fail, you file a complaint for partition. The complaint asks the court to declare ownership interests and to order either a physical division or a sale and distribution of proceeds. The statutory rules governing partition actions are in NRS Chapter 40: https://www.leg.state.nv.us/NRS/NRS-040.html.
4) Temporary relief and preservation. On filing, you can ask the court for temporary orders to protect the property (injunction against waste, orders to maintain insurance, or to prevent a co-owner from removing tenants or assets). These emergency steps keep the property intact while the case proceeds.
5) Discovery and valuation. The parties exchange evidence. The court typically orders appraisals or permits a commissioner, master, or receiver to examine the property and recommend whether a division in kind is feasible. If dividing the property would be harmful, the court usually orders a sale.
6) Court decision: partition in kind vs. sale. If the court finds a fair physical division is practical, it may order partition in kind. If not, it orders partition by sale and directs how the sale will proceed and how net proceeds will be distributed among owners after liens, costs, and credits are settled.
7) Practical mechanics of a forced sale. When the court orders a sale, it may appoint a commissioner or referee to sell the property under court supervision, or it may direct a public auction or a supervised private sale. The court’s order governs advertising, minimum bids, approval of sale, and distribution of proceeds.
8) Final accounting and distribution. After sale, the officer submits a report and accounting. The court approves distribution: fees, liens, taxes, and costs come off the top, and remaining funds go to owners according to their shares, with credits for improvements or payments as the court determines.
Relevant statute (overview)
Partition actions and the court’s power to divide or order sale of co-owned property are governed by Nevada Revised Statutes, Chapter 40. Read the chapter here: NRS Chapter 40.
Practical steps you should take right away
- Gather proof of ownership: deeds, title report, mortgage and lien information, tax records, and any written co-owner agreements.
- Document attempts to resolve the dispute (emails, letters, mediation notes).
- Get a current market appraisal and a basic cost estimate for a sale (repairs, broker fees, closing costs).
- Talk with a Nevada real property attorney about filing a partition action and seeking temporary orders to preserve the property.
- Avoid unilateral actions (don’t lock out co-owners, remove possessions, or sell the property yourself without a court order).
What to expect: timeline, costs, and likely outcomes
Timeframe: A partition lawsuit can take several months to over a year depending on complexity, discovery, appraisals, and court scheduling. If the case is contested, expect longer timelines.
Costs: Litigation costs include filing fees, attorney fees, appraisal fees, costs of any appointed commissioner or receiver, and sale costs. The court may award costs and fees based on equitable considerations, but parties often bear their own attorney fees unless a statute or contract provides otherwise.
Possible outcomes:
- Buyout: the co-owner purchases your share (often at court-ordered valuation).
- Partition in kind: the land is physically divided (possible only when practical).
- Partition by sale: property is sold and proceeds divided after liens and costs.
- Settlement: parties agree to terms at any stage, avoiding further litigation.
Common issues and tips for evidence
- Title disputes: clear and document chain of title to avoid delays.
- Improvements and contributions: keep records of payments and improvements to claim credits at distribution.
- Mortgages and liens: disclose and provide payoff information; secured creditors are paid from sale proceeds in priority order.
- Tenants: if tenants occupy the property, their leases and deposit handling will affect sale and possession timelines.
Alternatives to immediate litigation
- Negotiate a buyout price or structured buyout (installments).
- Use a mediator or neutral appraiser for valuation only (even if one party won’t mediate broadly, they may accept a valuation).
- Sell by mutual agreement on the open market and split net proceeds to avoid court costs.
Helpful hints
- Do not abandon documentation: deeds, tax bills, and receipts are essential.
- Request temporary orders to preserve value (insurance, repairs, protection from waste).
- Obtain at least one independent appraisal before filing suit to frame settlement talks and court valuation.
- Consider the tax consequences of a sale; consult a tax advisor about capital gains and allocation of proceeds.
- Expect compromise: courts often encourage practical settlements rather than piecemeal litigation.
- Work with a Nevada attorney familiar with district court practice and NRS Chapter 40 proceedings.
Where to read the law
See Nevada Revised Statutes, Chapter 40, for partition actions and the court’s authority: https://www.leg.state.nv.us/NRS/NRS-040.html. For court forms and local rules, check the Nevada State Courts website for the district where the property lies.
Next steps
If you want to proceed, arrange a meeting with a Nevada real property attorney who can review your documents, explain the local court rules, estimate likely costs and timelines, and, if necessary, file a partition complaint and any temporary protective motions on your behalf.
Disclaimer: This content is for general information only and does not constitute legal advice. It summarizes Nevada law but cannot substitute for advice about your specific situation. Consult a licensed Nevada attorney before taking legal action.