CHAPTER 152

PARTITION BEFORE DISCHARGE

NRS 152.010 Petition for partition.

NRS 152.020 Partition authorized even though portion of original share previously assigned or conveyed to others.

NRS 152.030 Contents of petition; contents and service of citation.

NRS 152.040 Appointment of guardians and attorneys before partition.

NRS 152.050 Commissioners for partition: Appointment; warrant; oath; qualifications.

NRS 152.060 Commissioners may be appointed for each county if real property in different counties.

NRS 152.070 Notice of time for partition.

NRS 152.080 Commissioners may take testimony.

NRS 152.090 Shares set out in proportion to rights; common or undivided shares.

NRS 152.100 Procedure when value of property to be divided greater than share of one party.

NRS 152.110 Sale of property when it cannot be divided fairly: Rules of sale.

NRS 152.120 Severance of common and undivided real property held by heirs or devisees and another person: Procedure.

NRS 152.130 Commissioners may set off quality against quantity to make shares of equal value.

NRS 152.140 Report of commissioners; objections to report; hearing on objections; order of confirmation.

NRS 152.150 Procedure when property cannot be partitioned.

NRS 152.160 Apportionment of expenses; attorney’s fees.

NRS 152.170 Effect of allotment by court: When appealable.

NRS 152.010 Petition for partition. If two or more heirs or devisees are entitled to the distribution of undivided interests in any property of the decedent, and they have not agreed among themselves, before distribution, to a partition, allotment or other division thereof, any one or more of them or the personal representative, at the request of any one or more of them, may petition the court to make such partition, allotment or division of the property as will be equitable and will avoid the distribution of undivided interests.

[252:107:1941; 1931 NCL § 9882.252]—(NRS A 1999, 2347)

NRS 152.020 Partition authorized even though portion of original share previously assigned or conveyed to others. Partition may be made as provided in this chapter, although some of the original heirs or devisees may have assigned or conveyed their share to other persons, and those shares must be partitioned to the person holding them in the same manner as they would have been to the heirs or devisees had they not transferred their shares.

[256:107:1941; 1931 NCL § 9882.256]—(NRS A 1999, 2347)

NRS 152.030 Contents of petition; contents and service of citation.

1. A person interested in the partition may file a petition stating the necessary facts, particularly describing the property to be partitioned and the person or persons interested in the property.
2. Upon filing the petition, a citation must issue to all persons interested to appear and show cause why an order of partition should not be made as requested.
3. The citation must specify the estate and the party petitioning for partition.
4. The citation must be served in the manner provided in NRS 155.050 at least 10 days before the hearing or for such other period as the court may order.
5. Upon proof that the citation has been properly served, the court shall proceed to hear the petition and the allegation and proofs of the respective parties, and enter an order accordingly.

[253:107:1941; 1931 NCL § 9882.253]—(NRS A 1999, 2347)

NRS 152.040 Appointment of guardians and attorneys before partition. Before any partition may be made, as provided in this chapter, guardians must be appointed for all minor, unborn or incapacitated persons interested in the estate to be divided, and an attorney may be appointed for all nonresident or absent heirs or other persons interested.

[Part 265:107:1941; 1931 NCL § 9882.265]—(NRS A 1999, 2348)

NRS 152.050 Commissioners for partition: Appointment; warrant; oath; qualifications.

1. If the property to be partitioned is entirely personal property, the court shall appoint three competent, disinterested persons as commissioners for that purpose, who shall be sworn by any person authorized to administer oaths to faithfully and impartially discharge their duties.
2. A certified copy of the order appointing them, attached to a certified copy of the order fixing the shares to which the respective parties are entitled must be given to them as their warrant, and their oath must be endorsed thereon.
3. If the property to be divided is real property, or partly real and partly personal, one of the three commissioners must be a licensed professional land surveyor.
4. Upon consent of the parties, and if the court considers it proper and just, the court may appoint one commissioner only, who has the same authority and is governed by the same rules as if three were appointed.

[254:107:1941; 1931 NCL § 9882.254]—(NRS A 1985, 1215; 1999, 2348)

NRS 152.060 Commissioners may be appointed for each county if real property in different counties. If the real property to be partitioned is in different counties, the court, if deemed proper, may appoint commissioners for each county, and in that case, the property in each county must be divided separately, as if there were no other estate to be partitioned, but the commissioners first appointed shall, unless otherwise directed by the court, make division of the real property wherever situated in this state.

[255:107:1941; 1931 NCL § 9882.255]—(NRS A 1999, 2348)

NRS 152.070 Notice of time for partition. The commissioners shall notify all persons interested in the partition, their guardians, agents or attorneys, of the time when they will proceed to make partition, or the court, in the order of appointment, may fix the time.

[Part 265:107:1941; 1931 NCL § 9882.265]—(NRS A 1999, 2349)

NRS 152.080 Commissioners may take testimony. The commissioners may take testimony, for which purpose any one of them may administer an oath, and they may take all necessary steps to enable them to form a correct judgment upon the matters before them.

[Part 265:107:1941; 1931 NCL § 9882.265]

NRS 152.090 Shares set out in proportion to rights; common or undivided shares. The several shares in the real and personal property must be set out to each individual in proportion to his right, and the real property by metes, bounds or such description that the property can be easily distinguished. If two or more of the parties request to have their shares set out so as to be held in common and undivided, those shares may be so partitioned.

[257:107:1941; 1931 NCL § 9882.257]—(NRS A 1999, 2349)

NRS 152.100 Procedure when value of property to be divided greater than share of one party. If any tract of land or tenement is of greater value than one party’s share in the estate to be divided, and cannot be divided without injury to the property, it may be set off by the commissioners to any one of the parties who will accept it and pay, or secure to be paid, to one or more of the others interested, such sum or sums as the commissioners award to make the partition equal, and the commissioners shall make their award accordingly, but the partition may not be established by the court until the sums so awarded are paid to the parties entitled to them, or secured to their satisfaction.

[261:107:1941; 1931 NCL § 9882.261]—(NRS A 1999, 2349)

NRS 152.110 Sale of property when it cannot be divided fairly: Rules of sale.

1. If it cannot otherwise be fairly divided, the whole or any part of the property may be recommended by the commissioners to be sold, and if the report is confirmed, the court may order a sale by the personal representative or by a commissioner appointed for that purpose, and distribute the proceeds.
2. The sale must be conducted, reported upon and confirmed in the same manner and under the same rules as in ordinary cases of sales of real property or personal property, as the case may be, by a personal representative under chapter 148 of NRS.

[262:107:1941; 1931 NCL § 9882.262]—(NRS A 1999, 2349)

NRS 152.120 Severance of common and undivided real property held by heirs or devisees and another person: Procedure.

1. When partition of real property among heirs or devisees is required, and such real property is in common and undivided with the real property of any other person, the commissioners shall first divide and sever the property of the decedent from the property in which it lies in common, and such division, so made and established by the court, is binding upon all the interested persons.
2. The court may authorize the personal representative to bring an action for such partition when deemed necessary.

[263:107:1941; 1931 NCL § 9882.263]—(NRS A 1999, 2349)

NRS 152.130 Commissioners may set off quality against quantity to make shares of equal value. In making partition, the commissioners shall always have regard to quantity and quality, and may set off quantity against quality, or quality against quantity, so that when the partition is made all the shares partitioned shall be of equal value as near as possible.

[264:107:1941; 1931 NCL § 9882.264]

NRS 152.140 Report of commissioners; objections to report; hearing on objections; order of confirmation.

1. The commissioners, within a reasonable time shall file their report of partition.
2. Within 15 days after the report is filed, any interested person may file an objection to the report, particularly specifying the grounds of objection. A copy of the objection must be served upon the commissioners and all parties interested in the partition, their guardians, agents or attorneys, with a notice to those persons that the objecting party will, at a time certain, not later than 20 days after the filing of the objection, move the court to set aside the report, and for a new partition.
3. At the time specified, or at such other time as the court may set, the court shall proceed to hear the objection to the report, and may hear proof by any party, and for sufficient reasons, the court may set aside the report and recommit the partition to the same commissioners, or appoint others, or may modify or confirm the report.
4. If no objection is filed to the report within the time specified and the report appears to be just and correct and all the proceedings regular, the court shall enter an order confirming the report. The court shall order proper conveyance to be made by the respective parties to one another, or may appoint a commissioner to make the conveyance or conveyances, which, when acknowledged and recorded, is sufficient to convey title.

[266:107:1941; 1931 NCL § 9882.266]—(NRS A 1999, 2350)

NRS 152.150 Procedure when property cannot be partitioned. If particular property cannot be divided without prejudice or inconvenience to the owners, the court may assign the whole to one or more of the parties entitled to shares therein, who will accept and pay to the other parties interested their just proportion of the true value thereof, or secure the same to their satisfaction or, in case of the minority or incapacity of the other party or parties, to the satisfaction of the guardian of the minor or incapacitated person. The true value of the property must be ascertained and reported by the commissioners or appraisers appointed specially for that purpose.

[260:107:1941; 1931 NCL § 9882.260]—(NRS A 1999, 2350)

NRS 152.160 Apportionment of expenses; attorney’s fees. The expenses of partition must be equitably apportioned by the court among the parties, but each party must pay his own attorney’s fees, unless otherwise ordered by the court for good cause.

[258:107:1941; 1931 NCL § 9882.258]—(NRS A 1999, 2350)

NRS 152.170 Effect of allotment by court: When appealable. The allotment made by the court controls upon proceedings for distribution, unless modified for good cause upon reasonable notice, and the proceedings leading to the allotment may be reviewed upon appeal from the order of distribution.

[259:107:1941; 1931 NCL § 9882.259]—(NRS A 1999, 2350)