When a Co‑Heir Refuses to Move Out or Sell Their Share of Inherited Real Estate in Nevada

Short answer: In Nevada you generally cannot force a co‑owner to move out by self‑help. A co‑owner (including an heir) has a right to possess land, but other co‑owners can ask a court to divide or sell the property (a partition action). Nevada’s partition statutes govern the process and the court can order a physical division if feasible or a sale with proceeds divided among owners. See the Nevada partition statutes: NRS Chapter 40 (Partition).

Detailed answer — legal framework and typical outcomes

When someone inherits property with others, the heirs usually hold title as co‑owners (commonly tenants in common). Each co‑owner has:

a right to occupy and use the whole property, and
a right to seek a division of the property or sale of the property and distribution of proceeds.

If one heir lives on the property and refuses to leave or to sell, here are the common legal routes under Nevada law:

1) Negotiation and buyout

Most disputes resolve by negotiation. Options include:

One heir buys the others’ shares at an agreed price.
Heirs enter a co‑ownership agreement setting out occupancy, rent, maintenance, and exit terms.
Mediation or settlement that specifies a timetable for sale or buyout.

2) Partition action in district court

If negotiations fail, a co‑owner can file a partition action. Nevada’s partition statutes give courts the power to:

Order a partition in kind (physically divide land) if it can be done fairly and without materially reducing value;
Order partition by sale when physical division is impracticable or would substantially impair value; the court will direct a sale and divide the proceeds among owners according to their shares.

Reference: NRS Chapter 40 (Partition). The court controls the process, appoints commissioners if necessary to effect partition, and allocates costs and fees.

3) Interim relief and possession disputes

Because co‑owners each have a possessory right, a co‑owner who occupies the property typically cannot be forcibly evicted by another co‑owner without court involvement. The court may grant interim remedies in a partition action, such as:

A temporary order requiring accounting for rents, profits, or use and occupation (the occupying co‑owner may owe the others a fair rental value for the period of exclusive occupancy);
In extreme cases, injunctive relief or other orders to prevent waste or damage to the property.

Be careful: attempting a self‑help eviction (changing locks, removing possessions) can expose you to liability. Use court procedures instead.

4) Costs, timelines, and likely result

Partition litigation takes time and costs money (filing fees, appraisals, attorney fees, sale costs). Courts balance fairness: if the parcel is a single-family home on a single lot, courts often order sale by public auction or private sale by court order because physical division is impractical. After sale, proceeds are split per ownership shares after paying liens, taxes, and court costs.

Illustrative hypothetical

Two siblings inherit a house as tenants in common. One sibling moves in and refuses to sell. The other sibling can:

Ask for a buyout (hire appraiser, offer a price);
Mediation to agree on a buyout or sale plan; or
File a partition action in district court under NRS Chapter 40 to force a sale and division of proceeds if no agreement is reached.

Practical steps to take right now

Confirm ownership: obtain a copy of the deed, probate papers, or the recorded title.
Document occupancy: keep records of who lives there, when, and any contributions to maintenance, mortgage, or taxes.
Attempt written communication and demand: send a clear written request asking the occupant to vacate or agree to a sale/buyout; keep a copy.
Get a property appraisal to understand fair market value for buyout talks or to prepare for court.
Consider mediation before filing court papers — it is faster and cheaper in many cases.
If you plan court action, consult a Nevada attorney experienced in real property and probate litigation to evaluate filing a partition action and any parallel probate or title issues.

When to hire an attorney

Consult an attorney if:

Negotiation and mediation fail;
The occupant refuses to account for rent or damages;
You need to file a partition action or other court relief; or
There are liens, mortgages, bankruptcy, or complex probate issues affecting title.

Additional resources

Nevada partition statutes: NRS Chapter 40 (Partition)
Nevada Courts (general information and forms): nvcourts.gov

Helpful Hints

Do not change locks or physically remove someone — use the courts for possession disputes.
Get an appraisal early; a credible market value helps with buyout offers and court submissions.
Keep receipts for repairs, taxes, mortgage payments, and improvements; courts may consider contributions when dividing proceeds.
Consider mediation or a neutral evaluator before filing suit to save time and money.
If the occupying heir claims a right to stay (e.g., homestead or adverse possession claims), consult an attorney quickly — those defenses can complicate partition cases.
Ask whether the property is subject to probate administration — resolving estate matters may be necessary before clean title transfers.

Disclaimer: This article explains general information about Nevada law and is not legal advice. It does not create an attorney‑client relationship. For advice tailored to your situation, consult a licensed Nevada attorney.