Partition Action Attorney in Las Vegas, Nevada

When two or more individuals hold property as tenants in common or joint tenants, disagreements may arise over how the property should be used, or if it should be sold.

This can be the case when the property, such as a family home, is inherited by several family members, and it may be the case when joint owners simply disagree on the future use of their property. One member may wish to build a rental unit on the property, and the other to add a greenhouse.

When these situations arise, the legal concept of partition action comes into play. Partition can take different forms. There could be an actual physical partition, or an outright sale, or a buyout of one or more co-owners by the other(s).

If the joint tenants cannot arrive at a solution themselves, then matters might move to the courtroom, and a court will decide using Nevada’s statutes on partition.

If you’re involved in a dispute as a joint tenant or tenant in common over the use of the property you jointly own in or around Las Vegas, Nevada, contact the Ball Law Group. With nearly two decades of experience in helping individuals and businesses resolve real estate issues, we can assess your options and advise you on the best path to resolution while protecting your rights.

What is Partition Action in Nevada?

Essentially, partition is the actual division, sale, or reallocation of property held as joint tenants or tenants in common when the owners have a dispute over what to do with the property.

There are a number of instances in which partition might become an issue. For example, bickering family members who inherited the family estate may not be able to decide on what to do with it. Some may want to sell it and cash out, others to occupy it themselves, others to rent it out.

Co-owners in a property might have differing visions of what to do with it. There may already be a structure on the site, but there is also undeveloped land. One joint tenant/owner may wish to expand on the existing structure, another to add another structure, and still another to make a different use of the undeveloped land.

The courts become involved when the co-owners cannot decide among themselves on the direction to take. One joint owner, or a group, can file a petition with the court to resolve the issue. This then becomes known as a partition action.

Alternatives to Partition Action

Before taking the step of escalating the dispute to the courtroom, the co-owners should make an effort to resolve the issues among themselves. If they cannot do this through mutual negotiations, they can turn to mediation, whereby an independent third party will attempt to mediate a mutually acceptable resolution. This, of course, alleviates the cost in time and money that a courtroom partition action would require.

The Partition Action in Court

If a petition is filed and partition moves to the courtroom, then a judge will decide on the type of partition action to be taken. The judge generally has three options:

• The first is simply to divide the property among the co-owners, but this could become an issue if it’s just an inherited single-family home.

• The second option is known as partition by allotment, but it is not available in all jurisdictions. In this action, the judge awards the property to one owner, or a group of owners, who are mandated to compensate those divested of their ownership rights.

• The third option is to order a forced sale of the property in question.

If you’re facing a partition dispute in or around Las Vegas, Nevada, you should consult with an experienced attorney before taking any action. Likewise, if you would like to file a petition, or if a petition has been filed or is about to be filed, you will need an experienced attorney to represent your interests.