Short overview: In Nevada, when co-owners cannot agree about what to do with jointly owned real property, any co-owner can ask a court to partition the property. If dividing the land or building (a partition in kind) is impractical or would prejudice the owners, the court may order the property sold and the net proceeds split among the owners. The statutory framework for partition actions in Nevada is found in Chapter 40 of the Nevada Revised Statutes, including the rule allowing a sale instead of division: NRS 40.010 and the provisions permitting sale and the mechanics of sale: NRS 40.430, NRS 40.440, and NRS 40.450.

Step-by-step process (what typically happens)

1. Filing the partition complaint

A co-owner (plaintiff) files a civil complaint in district court requesting partition of the property. The complaint must identify the property, describe each owner’s claimed interest, and state the relief sought (partition in kind or partition by sale). The court has authority to hear partition claims under NRS 40.010.

2. Joinder and service of all interested parties

The plaintiff must name and properly serve every person or entity with a recorded interest in the property (other co-owners, mortgage holders, lienholders, lessees). The court cannot fully resolve ownership or order a sale without giving those parties notice and an opportunity to participate.

3. Early court decisions — whether to divide or sell

The court evaluates whether an in-kind partition is practical. If division would be physically impractical, would harm the owners’ interests, or would cause great prejudice, the court may order a sale instead of dividing the parcel. See NRS 40.430 for the court’s authority to order sale when partition in kind is impracticable.

4. Appointment of a commissioner/referee to carry out the partition

If the court orders sale, it commonly appoints a neutral officer (often called a commissioner or referee) to oversee the valuation, marketing, sale, and reporting back to the court. That officer may obtain an appraisal, prepare a plan for sale, and run the sale under court directions. The judge retains oversight and must approve the final sale report and distribution.

5. Valuation, notice, and the sale itself

The commissioner or court will typically arrange for one or more appraisals to determine fair market value and help set any minimum bid. The commissioner will give statutory notices of sale and follow procedures set by the court. Nevada’s partition statutes describe how a sale may be conducted and confirmed: see NRS 40.440. Sales are usually public auctions, but the court can approve private sale procedures if appropriate and fair to the parties.

6. Confirmation of sale and conveyance

After the sale, the commissioner files a report and accounting with the court. The court reviews the sale for fairness and compliance with its orders. If the court confirms the sale, the commissioner executes the deed or other conveyance to the purchaser and the sale proceeds are deposited with the court or disbursed according to the court’s order. See NRS 40.450 for statutory guidance about conveyance after sale.

7. Paying liens, costs, and distributing net proceeds

Before owners receive any share of the sale proceeds, the sale payables are resolved in order of priority. That includes mortgages, recorded liens, unpaid property taxes, court costs, the commissioner’s fees, advertising and sale costs, and attorneys’ fees if the court awards them. After satisfying those obligations, the court orders a distribution of the remaining funds among owners according to their legal interests.

8. Post-sale issues and appeals

Parties who believe the sale was flawed may object before confirmation or appeal the court’s confirmation after entry of its order. Time limits and appellate standards apply, so parties should act promptly if they intend to contest the sale.

Illustrative hypothetical

Imagine three siblings inherit a single-family house as tenants in common. Two want to sell and split proceeds; one wants to keep the house. The sibling who wants a sale files a partition complaint. The court finds that dividing the house physically is impossible and orders a sale. The court appoints a commissioner, the house is appraised, advertised, and auctioned. After paying the mortgage and sale costs, the court confirms the sale and distributes the net proceeds to the three siblings according to their percentage interests.

Key Nevada statutes (quick links)

• NRS 40.010 — General right to partition
• NRS 40.430 — When sale may be ordered instead of partition in kind
• NRS 40.440 — Procedure for sale
• NRS 40.450 — Conveyance and effect of sale

Disclaimer: This article explains general principles of Nevada partition law for educational purposes only. It is not legal advice. For guidance about a specific property or case, consult a licensed Nevada attorney.

Helpful Hints

• Identify and list every recorded interest before you file (mortgages, liens, leases). Courts require proper joinder and notice to protect those parties’ rights.
• Get a current appraisal early. The appraisal helps the court set the sale process and may influence whether the court orders a sale.
• Consider mediation before filing. Courts often view a negotiated buyout or agreed sale more favorably and it can save time and fees.
• Expect timeline variability. A contested partition that requires discovery, appraisal disputes, or objections to sale confirmation can take many months or longer.
• Budget for costs. Sale expenses, commissions, appraisal fees, and attorneys’ fees reduce the amount each owner receives.
• If you are a lienholder or mortgagee, make sure you file and perfect your claim promptly so you are included in any distribution priority.
• Talk to a Nevada real property attorney if you anticipate complicated title issues, unresolved liens, or family disputes—these facts change strategy and potential outcomes.