If the other party asks the court only to sell the house, what can I do?

Short answer: You have several defensive and proactive options under Nevada law. You can object and ask the court to allow a buyout instead of a sale, request appraisal and accounting, move for mediation or settlement, seek temporary possession or cost allocations, or file a counter-motion (for partition, a buyout, or other relief). The exact best move depends on whether this is a divorce (property division) or a co-owner/partition case.

Detailed answer — what Nevada law allows and how to respond

This covers two common contexts: a divorce (property division of community or jointly owned property) and a partition case between co-owners. The legal toolbox differs slightly depending on which applies.

1. Divorce context (community or marital property)

In a Nevada divorce, the court must divide community property equitably. See NRS Chapter 125; particularly NRS 125.150 for disposition of property. The court can order a sale of the marital home, or it can divide assets in other ways — including awarding the house to one spouse with an offset, or allowing one spouse to buy out the other. If the other party asks only for sale, you can:

Object and ask the court to consider a buyout or an award of the house plus an offset (ask the judge to grant the house to one spouse and balance value with other assets).
Request an appraisal so the court knows the fair market value before ordering sale vs. buyout. A reliable appraisal can support a buyout offer or a request for the court to set buyout terms.
Ask the court to order mediation or settlement talks to explore buyout or refinance options, which often preserves value and cuts costs.
Move for temporary orders about who lives in the house, who pays mortgage/taxes/insurance, and who makes repairs until property division is final.

Relevant Nevada statute: NRS Chapter 125 (Domestic Relations) discusses how a court handles property in divorce. See: NRS 125.150.

2. Partition or co-owner context

If one co-owner files a partition action (asking the court to divide real property), Nevada law allows partition in kind (physically dividing land when possible) or partition by sale if division in kind is impractical. See NRS Chapter 40, which governs partition actions. If the moving party asks only for sale, you can:

Demand partition in kind if the property is divisible and it would be fair and feasible.
Ask the court to appoint commissioners or appraisers to value the property before sale, then propose a buyout price so a co-owner can purchase the other’s interest.
File a counterclaim or motion asking the court to set buyout terms (for example, letting one owner refinance and pay the other their share based on the appraised value).
Request a stay or injunction to prevent immediate sale while you pursue a buyout or refinancing.

Relevant Nevada statute: NRS Chapter 40 (Partition). See: NRS 40.010 (and related sections in the chapter).

3. Practical steps to take now

File a timely response: Meet deadlines to oppose the sale or to file counter-motions. Missing procedural deadlines can forfeit options.
Request valuation: Ask for a court-ordered appraisal or submit your own qualified appraisal evidence. Valuation is central to buyout discussions.
Propose concrete buyout terms: Offer a buyout price and a payment plan or propose refinancing. Courts are more likely to favor settlement options that preserve value and are realistic.
Ask for temporary relief: Request orders allocating mortgage/tax/utility payments, insurance, and maintenance until ownership ends.
Consider mediation or settlement: Judges often encourage mediation. Settling a buyout avoids sale costs and delays.

4. What the court considers when deciding sale vs buyout

Judges weigh fairness, feasibility, creditors’ rights, the parties’ ability to refinance or pay a buyout, the property’s marketability, and whether partition in kind is practical. Courts also consider community-property principles in divorce cases and equitable division under NRS 125.150.

5. If the court orders a sale despite your objections

If the court ultimately orders sale, you can still try to limit harm by:

Asking the court to require a fair marketing period and competitive sale procedures (to maximize proceeds).
Requesting that sale costs, commissions, unpaid mortgage balances, property taxes, and lien priorities are accounted for before splitting net proceeds.
Confirming how proceeds will be divided, and requesting an accounting of expenses to avoid surprises.

Helpful hints

Document everything: mortgage statements, insurance, tax bills, repair costs, and any written settlement offers.
Get an independent appraisal early if you plan to pursue a buyout or object to valuation assertions.
Consider refinancing or loan assumptions quickly if you expect to buy the other party out; lenders need time to process applications.
Use mediation: it’s usually faster and cheaper than a contested hearing or sale, and it preserves control over the outcome.
Ask the court for clear temporary orders about who pays the mortgage and utilities while the dispute is pending; defaulting risks foreclosure or liens that lower proceeds.
Don’t assume an immediate sale is inevitable—file your response and propose concrete alternatives.

Where to look in Nevada law

Partition: NRS Chapter 40 — NRS 40.010 and following.

Divorce/property division: NRS Chapter 125 — NRS 125.150 (and related provisions).

Next step: If you want to preserve options, act quickly. File timely responses and requests for relief, get an appraisal, and consider mediation. Because procedure matters, consult a Nevada attorney for help drafting motions, meeting deadlines, and evaluating buyout vs sale options.

Disclaimer: I am not a lawyer. This article is for informational purposes only and does not constitute legal advice. For advice about your specific situation, consult a licensed Nevada attorney.