Nrs: Chapter 152 - Partition Before Discharge

Link to law: https://www.leg.state.nv.us/NRS/NRS-152.html
Published: 2015

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[Rev. 11/21/2013 9:49:27

AM--2013]



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 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

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 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)