Partition Action Complaint - Nevada

NEVADA PARTITION ACTION — COMPLAINT FOR PARTITION OF REAL PROPERTY

Before filing: Submit the district court clerk's approved civil case-information form, signed by the initiating party or representative, with this complaint (NRS 3.275(2)).

PART 1 — VERIFIED COMPLAINT FOR PARTITION

[____________________] JUDICIAL DISTRICT COURT
[____________________] COUNTY, NEVADA

Case No.: [____________________]
Dept. No.: [____________________]

COMPLAINT FOR PARTITION OF REAL PROPERTY
(NRS 39.010 et seq.; Uniform Partition of Heirs Property Act, NRS 39.600 to 39.705)

Plaintiff [PLAINTIFF NAME], by and through undersigned counsel, alleges as follows:

I. PARTIES

1. Plaintiff [PLAINTIFF NAME] is an individual / [entity type] residing at / with a principal place of business at [____________________________________].

2. Defendant [DEFENDANT NAME] is, upon information and belief, an individual / [entity type] residing at / with an address of [____________________________________].

3. ☐ Additional Defendant [DEFENDANT NAME] is [____________________________________].

4. The true names and capacities of Defendants DOES I through X are unknown to Plaintiff, who will amend this Complaint to allege their true names and capacities when ascertained.

II. JURISDICTION AND VENUE

5. This Court has subject-matter jurisdiction over this partition action pursuant to NRS 39.010 and Art. 6, § 6 of the Nevada Constitution.

6. Venue is proper in [____________________] County pursuant to NRS 13.010 because the real property that is the subject of this action is situated in this County.

III. THE PROPERTY

7. This action concerns the real property located in [____________________] County, Nevada, commonly known as:

Street Address: [____________________________________]
City: [____________________], Nevada [__________]
Assessor's Parcel No. (APN): [____________________________________]

8. The legal description of the Property is:

☐ See Exhibit A (legal description), attached and incorporated by reference.

☐ [____________________________________________________________]

IV. NATURE OF TITLE AND COTENANCY INTERESTS

9. The Property is held by the parties as:

☐ Tenants in common, pursuant to that certain [deed / order admitting will to probate / instrument] dated [__/__/____], recorded [__/__/____] as Document No. [_______________] in the Official Records of the [____________________] County Recorder.

☐ Joint tenants with right of survivorship.

☐ Other: [____________________________________].

10. The respective undivided interests of all parties in the Property, so far as known to Plaintiff, are:

11. At least one of the parties holds an estate of inheritance, for life, or for years in the Property, and each cotenant is in possession or entitled to possession, satisfying NRS 39.010.

V. ENTITLEMENT TO PARTITION

12. As a joint tenant or tenant in common in possession and holding the qualifying estate alleged above, Plaintiff may bring this action for partition under NRS 39.010.

13. Plaintiff and Defendants cannot agree upon the use, management, or disposition of the Property, and Plaintiff no longer wishes to hold the Property in cotenancy. There is no valid agreement or other impediment barring Plaintiff's right to partition.

14. Plaintiff has recorded, or will immediately record, a notice of the pendency of this action in the Office of the Recorder of [____________________] County as required by NRS 39.040.

VI. MANNER OF PARTITION — IN KIND OR BY SALE

15. ☐ Partition in kind. The Property can be physically divided among the cotenants according to their respective interests so as to do the least possible injury to the several owners, and Plaintiff requests partition in kind under NRS 39.120 and 39.130.

16. ☐ Partition by sale. The Property is so situated that partition in kind cannot be made without great prejudice to the owners because [single-family residence / indivisible parcel / improvements / character and location]: [____________________________________]. Plaintiff therefore requests that the Court order a sale of the Property and a division of the net proceeds according to the parties' respective interests pursuant to NRS 39.120 and the sale provisions of NRS Chapter 39.

VII. ACCOUNTING AMONG COTENANTS

17. In connection with the partition, Plaintiff requests an accounting and equitable adjustment of the following items among the cotenants, to be charged or credited against each cotenant's share of the Property or sale proceeds:

a. ☐ Payments of real property taxes advanced by a cotenant: $[____________];
b. ☐ Mortgage principal, interest, and escrow payments advanced by a cotenant: $[____________];
c. ☐ Insurance premiums advanced by a cotenant: $[____________];
d. ☐ Reasonable and necessary repairs, maintenance, and improvements that enhanced the value of the Property: $[____________];
e. ☐ Rents, profits, or reasonable rental value collected or owed by a cotenant in sole or exclusive possession (including offsets for ouster of a cotenant): $[____________];
f. ☐ Owelty (equalizing payment) necessary to make an in-kind partition just and proportionate to the parties' interests: $[____________];
g. ☐ Other: [____________________________________].

18. Plaintiff requests an accounting of the pleaded payments and receipts and a determination of each party's rights in the property. Plaintiff separately requests allocation of partition costs under NRS 39.480. If Plaintiff paid expenses for a prior action or proceeding to protect or perfect title, establish a boundary, or survey the property for the common benefit of the cotenants, Plaintiff requests the applicable non-counsel expenses under NRS 39.170 and pleads them here: [PRIOR PROCEEDING, NECESSITY, COMMON BENEFIT, AMOUNT / NONE].

VIII. APPOINTMENT OF MASTER

19. Plaintiff requests that, upon ordering partition or sale, the Court appoint a master pursuant to NRS Chapter 39 to make the partition or conduct the sale and report to the Court, and that the master's report be confirmed or modified as provided by NRS 39.150.

COUNT I — PARTITION UNDER NRS 39.010 ET SEQ.

20. Plaintiff incorporates paragraphs 1 through 19 by reference.

21. Plaintiff is entitled to partition of the Property — in kind if it can be made so as to do the least possible injury to the owners, otherwise by sale — together with an accounting, appointment of a master, and division of the Property or net proceeds according to the parties' respective interests, pursuant to NRS 39.010 to 39.490.

COUNT II — UNIFORM PARTITION OF HEIRS PROPERTY ACT (NRS 39.600 TO 39.705)

22. Plaintiff incorporates paragraphs 1 through 21 by reference.

23. The Property is "heirs property" within the meaning of NRS 39.630 because: (a) there is no agreement in a record binding all cotenants which governs the partition of the Property; (b) one or more cotenants acquired title from a relative, [NAME], [living/deceased]; and (c) [20% or more of the interests are held by cotenants who are relatives / 20% or more of the cotenants are relatives].

24. Accordingly, pursuant to NRS 39.655, the Court shall determine that the Property is heirs property, and the Property must be partitioned under NRS 39.600 to 39.705 unless all cotenants agree otherwise in a record.

25. Plaintiff requests that the Court: (a) determine the fair market value of the Property by appraisal under NRS 39.670; (b) afford the non-petitioning cotenants the cotenant buyout option under NRS 39.675; (c) if no buyout is completed, consider partition alternatives and the factors for partition in kind under NRS 39.680 and 39.685; and (d) if a sale is ordered, conduct an open-market sale (or, where more advantageous, a sale by sealed bids or auction) under NRS 39.690, with a report of sale under NRS 39.695.

IX. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that the Court:

A. Determine and adjudge the respective interests of all parties in the Property;

B. Order partition of the Property in kind among the cotenants according to their respective interests, so as to do the least possible injury to the several owners;

C. If partition in kind cannot be made without great prejudice (or where the Uniform Partition of Heirs Property Act applies and a sale is appropriate), order a sale of the Property and a division of the net proceeds according to the parties' respective interests;

D. Appoint a master to make the partition or conduct the sale and report to the Court pursuant to NRS Chapter 39;

E. Determine the cotenants' rights after an accounting of pleaded taxes, mortgage payments, insurance, improvements, rents and reasonable rental value (including ouster offsets), and owelty; allow qualifying prior-proceeding expenses under NRS 39.170 if pleaded and proved;

F. Where the Property is heirs property, determine value, afford the cotenant buyout, and apply the partition alternatives and open-market sale procedures of NRS 39.670 to 39.695;

G. Apportion partition costs and master fees in proportion to the parties' interests under NRS 39.480, and allow reasonable counsel fees only to the extent the court finds they were expended for the common benefit; and

H. Grant such other and further relief as the Court deems just and equitable.

Dated: [__/__/____]

Respectfully submitted,

[____________________________________]
[ATTORNEY NAME]
Nevada Bar No.: [__________]
[FIRM NAME]
[Address]
[Phone] | [Email]
Attorney for Plaintiff

PART 2 — VERIFICATION

STATE OF NEVADA
COUNTY OF [____________________]

I, [PLAINTIFF NAME], declare under penalty of perjury under the law of the State of Nevada: I am the Plaintiff in the above-entitled action; I have read the foregoing Complaint for Partition; and the matters stated therein are true of my own knowledge, except as to those matters stated on information and belief, and as to those matters I believe them to be true.

Executed on [__/__/____].

[____________________________________]
[PLAINTIFF NAME]

PART 3 — REQUEST FOR INITIAL PROCESS

Plaintiff requests a clerk-issued summons for each Defendant. Arrange service of the summons together with this Complaint under Nev. R. Civ. P. 4.2, 4.3, or 4.4, or obtain a valid Rule 4.1 waiver where available. Unless the Defendant appears voluntarily or waives or admits service, Plaintiff must file proof of service under Rule 4(d) by the deadline for the Defendant's response. Obtain the server's affidavit for service within the United States.

PART 4 — EXHIBIT INDEX

SOURCES AND REFERENCES

• NRS Chapter 39 — Partition of Real Property and Mining Claims: https://www.leg.state.nv.us/nrs/nrs-039.html
• NRS 39.010 (Actions for partition of real property): https://law.justia.com/codes/nevada/chapter-39/
• NRS 39.600 to 39.705 — Uniform Partition of Heirs Property Act: https://law.justia.com/codes/nevada/chapter-39/
• NRS 39.655 (Applicability; relation to other law): https://codes.findlaw.com/nv/title-3-remedies-special-actions-and-proceedings/nv-rev-st-39-655/
• Uniform Law Commission — Partition of Heirs Property Act: https://www.uniformlaws.org/committees/community-home?CommunityKey=50724584-e808-4255-bc5d-8ea4e588371d

END OF NEVADA PARTITION ACTION TEMPLATE