Nevada — Forcing a Sale When Heirs or Co-Owners Won’t Agree

Detailed answer — how Nevada law handles disagreement among heirs or co-owners

If some people entitled to a property refuse mediation, refuse to sign a sale, or otherwise will not cooperate, Nevada law still provides a path to divide or sell the property. Two common legal routes are:

1. Partition action (suit between co-owners): Any tenant in common or co-owner can file a partition action in district court to have the property physically divided (partition in kind) or sold and the proceeds divided among owners. This remedy is available when co-owners cannot agree on use, management, or sale. The Nevada statutes that govern partition actions are in NRS Chapter 40: NRS Chapter 40 — Partition.
2. Probate or administration sale (if the property is part of a decedent’s estate): If ownership is tied up in a probate estate, the personal representative or administrator may petition the probate court for authority to sell real property to pay debts or to distribute proceeds to heirs. The probate and estate administration rules are in NRS Chapter 147: NRS Chapter 147 — Decedents’ Estates.

Which route applies depends on how title is held:

• If the property is owned jointly with right of survivorship, surviving joint owners usually take full title without probate.
• If the property is held as tenants in common or multiple heirs have a future or present ownership interest, a partition action is usually the direct route.
• If the property is part of a decedent’s estate and title is in the estate, sale authority often comes from the probate court or from the will’s instructions (if any).

What the court can order in a partition case

The court will first determine whether the property can be divided fairly (partition in kind). If a fair physical division is impractical or would disproportionately harm value, the court can order the property sold at auction or by private sale and then divide the net proceeds according to ownership shares. The court may also award costs and attorney fees, and adjust distributions to account for improvements, contributions, or liens.

What if someone refuses mediation or settlement?

Mediation and settlement are encouraged but typically voluntary. Refusing to mediate does not prevent you from filing a partition action or asking the probate court for a sale. Courts may order or encourage alternative dispute resolution in some cases, but refusal usually only affects negotiation leverage — not the right to ask the court for relief.

Practical outcomes you might see

• Court orders physical partition if feasible (rare for single-family homes).
• Court orders sale and divides proceeds after paying liens and costs.
• One co-owner buys out the others based on court-ordered valuation.
• Costs, fees, and delays can reduce net proceeds; the party who forces the sale may be liable for some costs, depending on the court’s rulings.

Relevant Nevada law references

Nevada statutes addressing partition and estate administration include:

• NRS Chapter 40 — Partition
• NRS Chapter 147 — Decedents’ Estates

How to proceed — steps to take if co-owners won’t cooperate

1. Confirm title and ownership: get a copy of the deed(s) and any will, trust, or probate documents.
2. Check mortgages, liens, and taxes: these affect sale proceeds and the court’s orders.
3. Try negotiation or mediation anyway: even if one party initially refuses, a formal offer or appraisal can change positions and may reduce litigation costs.
4. Consider a buyout: offer to purchase the holdout’s share at fair market value (appraisals help).
5. If negotiation fails, consult an attorney and consider filing a partition action or a petition in probate (if the property is in an estate).
6. Be prepared for time and cost: a partition or probate sale can take months and involve court fees, appraisal costs, and attorney fees.

Common questions and short answers

Can the holdout block a sale forever?

No. A court can order a sale despite a holdout.

Will the court split the proceeds exactly by percentage ownership?

Generally yes, but courts may adjust for liens, necessary expenses, and unequal contributions to the property’s value.

Can I be ordered to pay the other side’s attorney fees?

Possibly. Courts have discretion to award costs and fees based on the equities of the case and statutory rules.

Helpful hints

• Gather title documents, mortgage statements, tax records, and any written communications with other heirs.
• Obtain one or more professional appraisals before making or accepting buyout offers.
• Consider temporary agreements (e.g., who pays taxes, who uses the property, who pays maintenance) while litigation proceeds.
• Ask the court for an expedited sale only if urgent (e.g., foreclosure risk); courts may require justification.
• Account for capital gains or other tax consequences when selling or buying out shares—consult a tax advisor.
• Work with an attorney experienced in Nevada partition or probate law to protect your rights and present valuations and contributions to the court.