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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NRS 152.010 Petitionfor partition. If two or more heirs ordevisees are entitled to the distribution of undivided interests in anyproperty of the decedent, and they have not agreed among themselves, beforedistribution, to a partition, allotment or other division thereof, any one ormore of them or the personal representative, at the request of any one or moreof them, may petition the court to make such partition, allotment or divisionof the property as will be equitable and will avoid the distribution ofundivided interests.

[252:107:1941; 1931 NCL 9882.252](NRS A 1999, 2347)

NRS 152.020 Partitionauthorized even though portion of original share previously assigned orconveyed to others. Partition may be made asprovided in this chapter, although some of the original heirs or devisees mayhave assigned or conveyed their share to other persons, and those shares mustbe partitioned to the person holding them in the same manner as they would havebeen 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 Contentsof petition; contents and service of citation.

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 1999, 2347)

NRS 152.040 Appointmentof guardians and attorneys before partition. Beforeany partition may be made, as provided in this chapter, guardians must beappointed for all minor, unborn or incapacitated persons interested in theestate to be divided, and an attorney may be appointed for all nonresident orabsent heirs or other persons interested.

[Part 265:107:1941; 1931 NCL 9882.265](NRS A 1999, 2348)

NRS 152.050 Commissionersfor partition: Appointment; warrant; oath; qualifications.

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)

NRS 152.060 Commissionersmay be appointed for each county if real property in different counties. If the real property to be partitioned is in differentcounties, the court, if deemed proper, may appoint commissioners for eachcounty, and in that case, the property in each county must be dividedseparately, as if there were no other estate to be partitioned, but thecommissioners 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 Noticeof time for partition. The commissioners shallnotify all persons interested in the partition, their guardians, agents orattorneys, 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 Commissionersmay take testimony. The commissioners may taketestimony, for which purpose any one of them may administer an oath, and theymay take all necessary steps to enable them to form a correct judgment upon thematters before them.

[Part 265:107:1941; 1931 NCL 9882.265]

NRS 152.090 Sharesset out in proportion to rights; common or undivided shares. The several shares in the real and personal property mustbe set out to each individual in proportion to his right, and the real propertyby metes, bounds or such description that the property can be easilydistinguished. If two or more of the parties request to have their shares setout so as to be held in common and undivided, those shares may be sopartitioned.

[257:107:1941; 1931 NCL 9882.257](NRS A 1999, 2349)

NRS 152.100 Procedurewhen value of property to be divided greater than share of one party. If any tract of land or tenement is of greater value thanone partys share in the estate to be divided, and cannot be divided withoutinjury to the property, it may be set off by the commissioners to any one ofthe parties who will accept it and pay, or secure to be paid, to one or more ofthe others interested, such sum or sums as the commissioners award to make thepartition equal, and the commissioners shall make their award accordingly, butthe partition may not be established by the court until the sums so awarded arepaid 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 Saleof property when it cannot be divided fairly: Rules of sale.

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 1999, 2349)

NRS 152.120 Severanceof common and undivided real property held by heirs or devisees and anotherperson: Procedure.

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 1999, 2349)

NRS 152.130 Commissionersmay set off quality against quantity to make shares of equal value. In making partition, the commissioners shall always haveregard to quantity and quality, and may set off quantity against quality, orquality against quantity, so that when the partition is made all the sharespartitioned shall be of equal value as near as possible.

[264:107:1941; 1931 NCL 9882.264]

NRS 152.140 Reportof commissioners; objections to report; hearing on objections; order ofconfirmation.

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 1999, 2350)

NRS 152.150 Procedurewhen property cannot be partitioned. If particularproperty 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 sharestherein, who will accept and pay to the other parties interested their justproportion of the true value thereof, or secure the same to their satisfactionor, in case of the minority or incapacity of the other party or parties, to thesatisfaction of the guardian of the minor or incapacitated person. The truevalue of the property must be ascertained and reported by the commissioners orappraisers appointed specially for that purpose.

[260:107:1941; 1931 NCL 9882.260](NRS A 1999, 2350)

NRS 152.160 Apportionmentof expenses; attorneys fees. The expenses ofpartition must be equitably apportioned by the court among the parties, buteach party must pay his own attorneys fees, unless otherwise ordered by thecourt for good cause.

[258:107:1941; 1931 NCL 9882.258](NRS A 1999, 2350)

NRS 152.170 Effectof allotment by court: When appealable. Theallotment made by the court controls upon proceedings for distribution, unlessmodified for good cause upon reasonable notice, and the proceedings leading tothe allotment may be reviewed upon appeal from the order of distribution.

[259:107:1941; 1931 NCL 9882.259](NRS A 1999, 2350)

 

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