Title 3

NRS 39.050 Summons must be directed to all parties interested in property. The summons shall be directed to all the joint tenants and tenants in common, and all persons having any interest in, or any liens of record by mortgage, judgment or otherwise upon the property, or upon an…

NRS 39.060 Unknown and absent parties may be served by publication of summons; appointment of counsel to represent their interests. 1. If a party having a share or interest is unknown or any one of the known parties reside out of the State or cannot be found, and this fact is mad…

NRS 39.070 Contents of answers. The defendants who have been personally served with the summons and a copy of the complaint shall set forth in their answers, fully and particularly, the nature and extent of their interest in the property, and if such defendants claim a lien upon …

NRS 39.080 Rights of several parties may be determined; proof of title; consideration of rights of unknown parties. The rights of the several parties, plaintiffs as well as defendants, may be put to issue, tried and determined by such action; and when a sale of the premises is ne…

NRS 39.100 Lienholders must be made parties or master appointed. If it shall appear to the court by the certificate of the county recorder or county clerk, or by the sworn or verified statement of any person who may have examined or searched the records that there are outstanding…

NRS 39.110 Lienholders must be notified to appear before master. The plaintiff shall cause a notice to be served a reasonable time previous to the day for appearance before the master appointed, as provided in NRS 39.100, on each person having outstanding liens of record who is n…

NRS 39.120 Court may order sale or partition. If the evidence establishes to the satisfaction of the court that the property, or any part of it, is so situated that partition cannot be made without great prejudice to the owners or if the owners consent, the court may order a sale…

NRS 39.130 Partition in accordance with rights of parties. In making the partition, the master or the court shall divide the property and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights o…

NRS 39.140 Report of master’s proceedings regarding partition. The master shall make a report of the proceedings, specifying therein the manner of executing the master’s trust, describing the property divided and the shares allotted to each party, with a particular description of…

NRS 39.150 Court may confirm or modify master’s report or appoint new master; conclusive judgment. 1. The court may confirm, change, modify or set aside the report, and, if necessary, appoint a new master. 2. Upon the report being confirmed, or upon partition by the court, the co…

NRS 39.160 Judgment not to affect tenants for years to whole property. Such judgment and partition shall not affect tenants for years less than 10 to the whole of the property which is the subject of the partition. [1911 CPA § 600; RL § 5542; NCL § 9089]

NRS 39.170 Apportionment of expenses. If it appear that other actions or proceedings have been necessarily prosecuted or defended by any one of the tenants in common for the protection, confirmation or perfecting of the title, or setting the boundaries, or making a survey or surv…

NRS 39.180 Guarantee: Contents; costs. 1. To the extent necessary to grant the relief sought or other appropriate relief, the court shall upon adequate proof ascertain the state of the title to the property to be partitioned pursuant to a report from a title company in which the …

NRS 39.190 Guarantee: Correction. The guarantee mentioned in NRS 39.180 may be corrected from time to time if found incorrect, under the direction of the court. [1911 CPA § 603; RL § 5545; NCL § 9092]—(NRS A 2021, 1414)

NRS 39.200 Interest allowed on disbursements. Whenever during the progress of the action for partition, any disbursements shall have been made under the direction of the court or the judge thereof by a party thereto, interest must be allowed thereon from the time of making such d…

NRS 39.210 Liens on undivided interests of parties are charges only on shares assigned to those parties. When a lien is on an undivided interest or estate of any of the parties, such lien, if a partition be made, shall thenceforth be a charge only on the share assigned to such pa…

NRS 39.220 Estate for life or years may be set off in part of property not sold when property not all sold. When a part of the property only is ordered to be sold, if there be an estate for life or years in an undivided share of the whole property, such estate may be set off in a…

NRS 39.230 Application of proceeds of sale of encumbered property. The proceeds of the sale of encumbered property must be applied, under the direction of the court, or by the court, as follows: 1. To pay its just proportion of the general costs of the action. 2. To pay the costs…

NRS 39.240 Lien claimant holding other securities may be required to exhaust them first. Whenever any party to an action who holds a lien upon the property, or any part thereof, has other securities for the payment of the amount of such lien, the court may, in its discretion, ord…

NRS 39.250 Distribution of proceeds of sale upon direction of court. The proceeds of sale and the securities taken by the master or the court, or any part thereof, must be distributed to the persons entitled thereto, whenever the court so directs. If the court does not direct the…

NRS 39.260 Continuance for determination of claims to proceeds of sales. When the proceeds of sales of any shares or parcels belonging to persons who are parties to the action, and who are known, are paid into court, the action may be continued as between such parties, for the de…

NRS 39.270 Sales; notice. 1. All sales of real property under this chapter must be made by public auction or by private sale. The sale must be made to the highest bidder, upon notice published in the manner required by subsections 2 and 3. The notice must state terms of sale, and…

NRS 39.280 Court must direct terms of sale and credit; investment of purchase money; appointment of master to appraise. The court shall, in the order for sale, direct the terms of the sale and of any credit which may be allowed for the purchase money of any portion of the premise…

NRS 39.290 Acceptance of securities for purchase money. The master or the court may take separate mortgages and other securities for the whole or convenient portions of the purchase money, of such parts of the property as are sold on credit, for the shares of any known owner of f…

NRS 39.300 Tenant whose estate has been sold is entitled to receive compensation. The person entitled to a tenancy for life or years, whose estate shall have been sold, shall be entitled to receive such sum as may be deemed a reasonable satisfaction for such estate, and which the…

NRS 39.310 Court may fix compensation for tenant. If such consent be not given, filed and entered, as provided in NRS 39.300, at the time or before a judgment of sale is rendered, the court shall ascertain and determine what proportion of the proceeds of the sale, after deducting…

NRS 39.320 Court must protect unknown tenants. If the persons entitled to such estate for life or years be unknown, the court shall provide for the protection of their rights in the same manner, as far as may be, as if they were known and had appeared. [1911 CPA § 616; RL § 5558;…

NRS 39.330 Court must secure value of future interests. In all cases of sales, when it appears that any person has a vested or contingent future right or estate in any of the property sold, the court shall ascertain and settle the proportional value of such contingent or vested r…

NRS 39.340 Terms and manner of sale must be made known. In all cases of sales of property, the terms shall be made known at the time; and if the premises consist of distinct farms or lots, they shall be sold separately. [1911 CPA § 618; RL § 5560; NCL § 9107]

NRS 39.350 Who may not be purchasers. Neither a master nor any person for the benefit of a master, may be interested in any purchase, nor may a guardian of an infant party be interested in the purchase of any real property which is the subject of the sale, except for the benefit …

NRS 39.360 Master to make report of sale to court; contents. After completing a sale of the property, or any part thereof ordered to be sold, the master shall report the sale to the court, with a description of the different parcels of land sold to each purchaser, the name of the…

NRS 39.370 Execution of conveyances and taking of securities after sale confirmed. If the sale is confirmed by the court, an order must be entered directing the master to execute conveyances and take securities pursuant to the sale, which the master is hereby authorized to do. Th…

NRS 39.380 Proceeding if party entitled to share or lienholder becomes purchaser. When a party entitled to a share of the property, or an encumbrancer entitled to have the encumbrancer’s lien paid out of the sale, becomes a purchaser, the master or the court may take the purchase…

NRS 39.390 Recorded conveyances bar interested persons. The conveyances shall be recorded in the county where the premises are situated, and shall be a bar against all persons interested in the property in any way who shall have been named as parties in the action, and against al…

NRS 39.400 Proceeds belonging to unknown owner must be invested. When there are proceeds of a sale belonging to an unknown owner, or to a person without the State, who has no legal representative within it, the same shall be invested in securities or placed at interest for the be…

NRS 39.410 Investment must be made in name of clerk. When the security of the proceeds of the sale is taken, or when an investment of any such proceeds is made, it shall be done, except as herein otherwise provided, in the name of the clerk of the county where the papers are file…

NRS 39.420 When interests of parties ascertained, securities must be taken in their names. When the parties to an action for partition agree upon their interests in the property to be partitioned or their interests have been determined by the court and the property is sold on cre…

NRS 39.430 Duties of clerk concerning investments. The clerk in whose name a security is taken, or by whom an investment is made, and the clerk’s successors in office, shall receive the interest and principal as it becomes due, and apply and invest the same as the court may direc…

NRS 39.440 When unequal partition is ordered, compensation to be made on account of inequality. When it appears that partition cannot be made equal between the parties, according to their respective rights, without prejudice to the rights and interest of some of them, and a parti…

NRS 39.450 Share of infant paid to guardian. When the share of an infant is sold, the proceeds of the sale may be paid by the master making the sale to the infant’s general guardian or the special guardian appointed for the infant in the action, upon giving the security required …

NRS 39.460 Share of person with significant mental illness to be received by guardian. The guardian who may be entitled to the custody and management of the estate of a person with significant mental illness, or other person adjudged incapable of conducting the person’s own affai…

NRS 39.470 Guardian may consent to partition without action and execute releases. The general guardian of an infant and the guardian entitled to the custody and management of the estate of a person with significant mental illness or other person adjudged incapable of conducting t…

NRS 39.480 Cost of partition is lien upon several shares. The costs of partition, fees of the master and other disbursements and also, in the discretion of the court, reasonable counsel fees expended by the parties for the common benefit, must be paid by the parties respectively …

NRS 39.490 Court may appoint numerous masters upon request. The court may appoint three masters upon request of the parties instead of a single master, in the proceedings under the provisions of this chapter. The three masters have all the powers and must perform all the duties r…

NRS 39.500 Court may order master to divide mining claims. When the action is for partition of a mining claim among the tenants in common, joint tenants, coparceners or partners thereof, the court, upon good cause shown by any party or parties in interest, may, instead of orderin…

NRS 39.510 Time ordered for division. The court shall, in its order, or by a subsequent order made upon motion, fix the time for division of the claim by the master, which may not be less than 20 nor more than 40 days from the day of making the order, except by consent of all the…