NRS 39.010
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 be brought by one or more of such persons for a partial partition thereof according to the respective rights of the persons interested therein, and for a sale of such property or a part of it, if a partition cannot be made without great prejudice to the owners or if the owners consent to a sale. Whenever from any cause it is, in the opinion of the court, impracticable or highly inconvenient to make a complete partition, in the first instance, among all the parties in interest, the court may first ascertain and determine the shares or interest respectively held by the original cotenants, and thereupon cause a partition to be made, as if the original cotenants were the only parties to the action and thereafter may proceed to adjudge and make partition separately of each share or portion so ascertained and allotted as between those claiming under the original tenant to whom the property has been set apart, or may allow them to remain tenants in common thereof, as they may desire.

Source: Section 39.010 — Actions for partition of real property; partial partition., https://www.­leg.­state.­nv.­us/NRS/NRS-039.­html#NRS039Sec010.

39.010
Actions for partition of real property 39.020
Interests of all parties must be set forth in complaint. 39.030
Lienholders not of record need not be made parties. 39.040
Plaintiff must record notice of pending litigation immediately after complaint is filed. 39.050
Summons must be directed to all parties interested in property. 39.060
Unknown and absent parties may be served by publication of summons 39.070
Contents of answers. 39.080
Rights of several parties may be determined 39.100
Lienholders must be made parties or master appointed. 39.110
Lienholders must be notified to appear before master. 39.120
Court may order sale or partition. 39.130
Partition in accordance with rights of parties. 39.140
Report of master’s proceedings regarding partition. 39.150
Court may confirm or modify master’s report or appoint new master 39.160
Judgment not to affect tenants for years to whole property. 39.170
Apportionment of expenses. 39.180
Abstract of title 39.190
Making and verification of abstract. 39.200
Interest allowed on disbursements. 39.210
Liens on undivided interests of parties are charges only on shares assigned to those parties. 39.220
Estate for life or years may be set off in part of property not sold when property not all sold. 39.230
Application of proceeds of sale of encumbered property. 39.240
Lien claimant holding other securities may be required to exhaust them first. 39.250
Distribution of proceeds of sale upon direction of court. 39.260
Continuance for determination of claims to proceeds of sales. 39.270
Sales 39.280
Court must direct terms of sale and credit 39.290
Acceptance of securities for purchase money. 39.300
Tenant whose estate has been sold is entitled to receive compensation. 39.310
Court may fix compensation for tenant. 39.320
Court must protect unknown tenants. 39.330
Court must secure value of future interests. 39.340
Terms and manner of sale must be made known. 39.350
Who may not be purchasers. 39.360
Master to make report of sale to court 39.370
Execution of conveyances and taking of securities after sale confirmed. 39.380
Proceeding if party entitled to share or lienholder becomes purchaser. 39.390
Recorded conveyances bar interested persons. 39.400
Proceeds belonging to unknown owner must be invested. 39.410
Investment must be made in name of clerk. 39.420
When interests of parties ascertained, securities must be taken in their names. 39.430
Duties of clerk concerning investments. 39.440
When unequal partition is ordered, compensation to be made on account of inequality. 39.450
Share of infant paid to guardian. 39.460
Share of insane person to be received by guardian. 39.470
Guardian may consent to partition without action and execute releases. 39.480
Cost of partition is lien upon several shares. 39.490
Court may appoint numerous masters upon request.
Last Updated

Feb. 5, 2021

§ 39.010’s source at nv​.us