Nevada Guide: Forcing Sale or Division of Co-Owned Family Land (Partition FAQ)

Detailed Answer — Forcing a Sale or Division of Co-Owned Family Land in Nevada

When multiple family members (siblings and their children) own a single parcel in Nevada and one or more owners want the property sold or divided, Nevada law provides a court process called a partition action. Partition lets a co-owner ask the district court to divide the property physically (partition in kind) or order a sale and divide the proceeds (partition by sale) when division in kind is not practical. See NRS Chapter 40 for Nevada’s partition statutes: https://www.leg.state.nv.us/NRS/NRS-040.html.

Who can bring a partition action?

Any person who holds an ownership interest in the property (for example, tenants in common or joint tenants) may file a partition action to force division or sale. You must name all known co-owners as parties. If some owners are unknown, missing, or minors, the court process includes special service rules so those interests are addressed before the court acts. The court will oversee fair notice to all interested parties.

Steps in a Nevada partition action (typical process)

1. Confirm ownership and shares. Pull deeds and the property’s chain of title to identify how title is held (joint tenancy vs. tenancy in common) and each owner’s percentage interest.
2. Attempt negotiated resolution first. Nevada courts favor settlement. Try buyouts, mediation, or selling the property privately and splitting proceeds. Negotiation can save time and fees.
3. File a complaint for partition in district court. If negotiation fails, the co-owner files a complaint in the district court in the county where the land sits asking for partition under Nevada statute (NRS Chapter 40).
4. Service and joinder of necessary parties. Serve all co-owners and anyone with a recorded interest (liens, mortgages, judgment creditors). The court will resolve claims and determine who must be included.
5. Court investigates and may appoint a commissioner or master. The court may order a survey, appraisals, and appoint a commissioner (sometimes called a master) to propose or carry out division or sale.
6. Partition in kind or partition by sale. The court prefers dividing land in kind when feasible. If physical division would waste value or is impractical, the court will order a sale and divide net proceeds among owners according to their shares.
7. Payment of liens and distribution. Outstanding mortgages, recorded liens, taxes, and court-ordered costs are paid from sale proceeds before co-owners split the remainder per their ownership percentages.

Common practical issues and considerations

• Type of ownership matters. If title shows joint tenants with right of survivorship, a co-owner’s interest may pass at death rather than by will — but partition rights generally remain available to living co-owners. Confirm the recorded deed language and consult an attorney to understand the effect on your case.
• Minor heirs and unknown owners. Minors or absent heirs complicate service and may require a guardian ad litem or service by publication. The court protects those interests before ordering sale or division.
• Liens and mortgages. Creditors’ liens follow the property. A partition sale typically pays these liens first. A mortgage holder may need notice and might enforce its rights independent of the partition.
• Costs and timing. Court actions take months to over a year depending on disputes, appraisals, surveys, and appeals. Expect filing fees, appraisal costs, commissioner fees, and attorney fees. If you are the prevailing party, Nevada courts may allow reimbursement of certain costs, but this is case-specific.
• Tax consequences. Sale proceeds can trigger capital gains or other tax consequences for each owner. Consult a tax advisor before finalizing a sale.

Hypothetical example

Suppose four siblings own raw acreage as tenants in common, each with a 25% interest, and two siblings want to sell while two want to keep the land. After failed buyout talks, one sibling files a partition action in the district court. The court orders an appraisal and determines the land cannot be divided without reducing value. The court appoints a commissioner to sell the property. The sale pays off an existing mortgage and the remaining net proceeds are split 25% to each sibling.

Key Nevada statute reference

For the statutory framework, review Nevada’s partition statutes at NRS Chapter 40: https://www.leg.state.nv.us/NRS/NRS-040.html. That chapter explains who may sue, how the court handles partition, and the procedures a court may follow to divide property or order a sale.

Final note: Partition actions are technical. Mistakes in party joinder, pleading, or handling liens can delay the case or impair your recovery. A Nevada attorney can review your title, explain possible outcomes, and represent your interests in court.

Disclaimer: This information is educational and not legal advice. Consult a licensed Nevada attorney for advice tailored to your situation.

Helpful Hints — Practical Tips for Co-Owners in Nevada

• Gather recorded deeds, title reports, mortgage statements, and any written agreements about the property before talking to anyone.
• Confirm how the property is titled (joint tenancy vs. tenancy in common).
• Try a structured buyout: get an independent appraisal, offer cash or a promissory note to buy out dissenting owners.
• Propose mediation early. Courts often require or encourage mediation, and it can save significant cost and time.
• Consider a partition-in-kind only if the parcel can be physically divided without destroying value (rare for small or irregular parcels).
• Check for liens, unpaid property taxes, and mortgages that will be paid from any sale proceeds.
• Budget for legal fees, appraisal fees, and possible surveyor costs when planning a partition action.
• If heirs or minors are involved, expect additional procedural steps; do not ignore questions of guardianship or conservatorship.
• Keep written records of offers and communications among owners—courts look favorably on documented attempts to resolve disputes outside of litigation.
• Talk with a Nevada real estate or litigation attorney about the advantages and risks of filing a partition action in your county’s district court.