DISCLAIMER: The following content is for informational purposes only as our office is no longer practicing in these fields.

Legal Partition

Partition is the remedy available when more than one person is on a property’s title and there is a disagreement as to the sale or intended use of the property.  If the property can be physically divided, the court will do so. If not, it will be ordered sold with the net proceeds divided among the owners.  Important Nevada partition laws include:

NRS 39.010 Partition

Actions for partition of real property; partial partition.  When several persons hold and are in possession of real property as joint tenants or as tenants in common, in which one or more of them have an estate of inheritance, or for life or lives, or for years, an action may

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NRS 39.120 Partition

Court may order sale or partition.  If the evidence establishes to the satisfaction of the court that the property, or any part of it, is so situated that partition cannot be made without great prejudice to the owners or if the owners consent, the court may order a sale thereof.

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NRS 39.130 Partition

Partition in accordance with rights of parties.  In making the partition, the master or the court shall divide the property and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of

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NRS 39.440 Partition

When unequal partition is ordered, compensation to be made on account of inequality.  When it appears that partition cannot be made equal between the parties, according to their respective rights, without prejudice to the rights and interest of some of them, and

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