Explained in plain English
What the work involves, before you sign anything.
Real estate · Partition actions
One house, several owners, no agreement.
Three siblings inherit a parent’s home. One wants to sell, one wants to keep it, and one is living in it. Nevada law has an answer for that, and it helps to understand it before anyone files anything.
The short answer
A partition action is a lawsuit in which a co-owner asks a Nevada court to end shared ownership of real estate. The court can divide the land itself where that is practical, or order the property sold and the proceeds divided according to each owner’s share. No co-owner can be forced to stay in co-ownership indefinitely, which means no co-owner can block a resolution forever.
Who ends up here
- Siblings who inherited a house and want different things from it.
- A couple who bought together and separated without being married, so no family court will divide what they own.
- Former spouses still on title together years after a divorce.
- Relatives or friends who bought an investment property and no longer agree on when to sell.
What the court can do
Divide it
Where land can be split fairly, a parcel with room for a lot line, the court can order it physically divided so that each owner leaves with their own piece.
Sell it
A house on a city lot cannot be cut in half. There the court orders a sale and divides the proceeds.
Settle the accounts
The shares on the deed are the starting point. The court can account for who paid the mortgage, the taxes, and the insurance, who paid for the new roof, and who has lived there without paying rent. A co-owner who carried the house for years can be credited for it.
Nevada-specific detail
Inherited property has its own protections
Nevada was the first state to adopt the Uniform Partition of Heirs Property Act. When the co-owners are family who inherited, the court orders an appraisal, the owners who want to keep the property get the chance to buy out the ones who want to sell at that appraised value, and if a sale does go ahead the law prefers a sale on the open market to an auction on the courthouse steps. The aim is to keep a family from losing a home for far less than it is worth.
Where it is filed
In the district court of the county where the property sits. For a house in Reno or Sparks, that is the Second Judicial District Court in Washoe County.
It often begins in a probate
A will that leaves a house to the children equally creates co-owners on the day the estate closes. Families who see the disagreement coming can sometimes resolve it inside the probate, by a sale or a buyout before the deed is ever recorded, which is simpler than untangling it afterward.
What to try first
There are several things to try before a lawsuit. A buyout at an appraised value, with time to arrange a loan. An agreed sale with an agreed agent and an agreed price floor. A written co-ownership agreement that says who pays for what, who may live there, and what happens when one owner wants out. A clear letter that explains, without heat, what a court would order if it came to that. The co-owners are often family, and will still be family when it is over.
When none of that works, the firm advises, represents, and guides co-owners through the action.
If you own a property with someone and cannot agree what happens to it, bring the deed. The first meeting goes through the options.
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Questions
Can my brother force the sale of the house we inherited?
In general, yes. Any co-owner can ask a Nevada court to end the co-ownership. With inherited property, though, the law first gives the owners who want to keep it the chance to buy out the others at an appraised value.
I have paid the mortgage and taxes for years. Do I get that back?
The court can account for it. Payments toward the mortgage, taxes, insurance, and improvements can be credited when the proceeds are divided, and so can the value of living in the property rent-free.
Do we have to go to court to fix this?
No. A buyout, an agreed sale, or a written co-ownership agreement resolves most of these. Knowing what a court would order is usually where the conversation starts.
Where is a partition action filed?
In the district court of the county where the property sits. For property in Reno or Sparks, that is the Second Judicial District Court in Washoe County.
When you’re ready
Bring the deed. Start with the options.
You’ll hear the whole process first, then the first step and what it costs.