Detailed Answer
A partition action allows co-owners to divide real property or order its sale under Nevada law. Nevada Revised Statutes (NRS) Chapter 40 governs partition actions. You or a co-owner may initiate or consent to such an action before a court-appointed commissioner by following these steps:
1. Confirm Standing
Under NRS 40.010 (NRS 40.010), any person owning real property or an interest therein may maintain a partition action. Verify that you hold title or a legal interest in the property.
2. File a Partition Complaint
Draft a complaint specifying the names of all co-owners, a legal description of the property, and your requested relief (partition in kind or sale). File the complaint in the district court where the property is located per NRS 40.020 (NRS 40.020).
3. Serve and Consent
Serve summons and the complaint on all co-owners. Each co-owner must respond within the time allowed by court rules. To consent, a co-owner may file an answer stating agreement to partition and the proposed method. If a co-owner fails to respond, the court may enter a default and proceed without them.
4. Appointment of Commissioner
Once all parties have been served and any consents filed, request the court to appoint a commissioner under NRS 40.030 (NRS 40.030) and NRS 40.070 (NRS 40.070). The court will select one or more disinterested persons to survey the property and carry out the partition.
5. Commissioner’s Report
The commissioner inspects the property, determines boundaries, and prepares a written report dividing the land or valuing interests. They may recommend an in-kind allocation or a sale if a fair division is impractical.
6. Final Decree and Transfer
After allowing time for objections, the court confirms the report and issues a final decree. For in-kind partitions, the court directs the commissioner to execute deeds to each party. For sales, the commissioner conducts the sale and distributes proceeds per NRS 40.030.
Disclaimer: This post is for educational purposes only and does not constitute legal advice. Consult a licensed Nevada attorney for advice on your situation.
Helpful Hints
- Review title records and deeds before filing.
- Discuss division options with all co-owners early.
- Keep track of filing and response deadlines.
- Budget for survey and commissioner fees.
- Consider mediation to reach agreement before court.
- Attend all hearings and meet court requirements promptly.