[Rev. 11/21/2013 9:49:27
CHAPTER 152 - PARTITION BEFORE DISCHARGE
NRS 152.010 Petition
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
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
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
[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
[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
[Part 265:107:1941; 1931 NCL § 9882.265]—(NRS A 1999, 2348)
NRS 152.050 Commissioners for partition: Appointment; warrant; oath;
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
[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 or her 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
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
[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
[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 or her
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)