2005 Nevada Revised Statutes - Chapter 152 — Partition Before Discharge
CHAPTER 152 - PARTITION BEFORE DISCHARGE
NRS 152.010 Petitionfor partition.
NRS 152.020 Partitionauthorized even though portion of original share previously assigned orconveyed to others.
NRS 152.030 Contentsof petition; contents and service of citation.
NRS 152.040 Appointmentof guardians and attorneys before partition.
NRS 152.050 Commissionersfor partition: Appointment; warrant; oath; qualifications.
NRS 152.060 Commissionersmay be appointed for each county if real property in different counties.
NRS 152.070 Noticeof time for partition.
NRS 152.080 Commissionersmay take testimony.
NRS 152.090 Sharesset out in proportion to rights; common or undivided shares.
NRS 152.100 Procedurewhen value of property to be divided greater than share of one party.
NRS 152.110 Saleof property when it cannot be divided fairly: Rules of sale.
NRS 152.120 Severanceof common and undivided real property held by heirs or devisees and anotherperson: Procedure.
NRS 152.130 Commissionersmay set off quality against quantity to make shares of equal value.
NRS 152.140 Reportof commissioners; objections to report; hearing on objections; order ofconfirmation.
NRS 152.150 Procedurewhen property cannot be partitioned.
NRS 152.160 Apportionmentof expenses; attorneys fees.
NRS 152.170 Effectof allotment by court: When appealable.
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[252:107:1941; 1931 NCL 9882.252](NRS A
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[256:107:1941; 1931 NCL 9882.256](NRS A
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1. A person interested in the partition may file apetition stating the necessary facts, particularly describing the property tobe partitioned and the person or persons interested in the property.
2. Upon filing the petition, a citation must issue toall persons interested to appear and show cause why an order of partitionshould not be made as requested.
3. The citation must specify the estate and the partypetitioning for partition.
4. The citation must be served in the manner providedin NRS 155.050 at least 10 days beforethe hearing or for such other period as the court may order.
5. Upon proof that the citation has been properlyserved, the court shall proceed to hear the petition and the allegation andproofs of the respective parties, and enter an order accordingly.
[253:107:1941; 1931 NCL 9882.253](NRS A
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[Part 265:107:1941; 1931 NCL 9882.265](NRS A
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1. If the property to be partitioned is entirelypersonal property, the court shall appoint three competent, disinterestedpersons as commissioners for that purpose, who shall be sworn by any personauthorized to administer oaths to faithfully and impartially discharge theirduties.
2. A certified copy of the order appointing them,attached to a certified copy of the order fixing the shares to which therespective parties are entitled must be given to them as their warrant, andtheir oath must be endorsed thereon.
3. If the property to be divided is real property, orpartly real and partly personal, one of the three commissioners must be alicensed professional land surveyor.
4. Upon consent of the parties, and if the courtconsiders it proper and just, the court may appoint one commissioner only, whohas the same authority and is governed by the same rules as if three wereappointed.
[254:107:1941; 1931 NCL 9882.254](NRS A 1985,1215; 1999, 2348)
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[255:107:1941; 1931 NCL 9882.255](NRS A
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[Part 265:107:1941; 1931 NCL 9882.265](NRS A
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[Part 265:107:1941; 1931 NCL 9882.265]
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[257:107:1941; 1931 NCL 9882.257](NRS A
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[261:107:1941; 1931 NCL 9882.261](NRS A
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1. If it cannot otherwise be fairly divided, the wholeor 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 personalrepresentative or by a commissioner appointed for that purpose, and distributethe proceeds.
2. The sale must be conducted, reported upon andconfirmed in the same manner and under the same rules as in ordinary cases ofsales of real property or personal property, as the case may be, by a personalrepresentative under chapter 148 of NRS.
[262:107:1941; 1931 NCL 9882.262](NRS A
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1. When partition of real property among heirs ordevisees is required, and such real property is in common and undivided withthe real property of any other person, the commissioners shall first divide andsever the property of the decedent from the property in which it lies incommon, and such division, so made and established by the court, is bindingupon all the interested persons.
2. The court may authorize the personal representativeto bring an action for such partition when deemed necessary.
[263:107:1941; 1931 NCL 9882.263](NRS A
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[264:107:1941; 1931 NCL 9882.264]
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1. The commissioners, within a reasonable time shallfile their report of partition.
2. Within 15 days after the report is filed, anyinterested person may file an objection to the report, particularly specifyingthe grounds of objection. A copy of the objection must be served upon thecommissioners and all parties interested in the partition, their guardians,agents or attorneys, with a notice to those persons that the objecting partywill, at a time certain, not later than 20 days after the filing of theobjection, move the court to set aside the report, and for a new partition.
3. At the time specified, or at such other time as thecourt may set, the court shall proceed to hear the objection to the report, andmay hear proof by any party, and for sufficient reasons, the court may setaside the report and recommit the partition to the same commissioners, orappoint others, or may modify or confirm the report.
4. If no objection is filed to the report within thetime specified and the report appears to be just and correct and all theproceedings regular, the court shall enter an order confirming the report. Thecourt shall order proper conveyance to be made by the respective parties to oneanother, 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
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[260:107:1941; 1931 NCL 9882.260](NRS A
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[258:107:1941; 1931 NCL 9882.258](NRS A
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[259:107:1941; 1931 NCL 9882.259](NRS A
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