In a bar or coffee hang out somewhere not very far away:
Person A: “You idiot! You did what? What do you mean you purchased that house with ‘C’?”
Person B: “Yeah, me and ‘C’ thought it would be a great idea. We can live in the house together or rent it out.”
Person A: “What happens if one of you wants to sell it and the other does not? Then what?”
Person B: “Oh, that won’t happen. We are close. We will agree on what to do if it ever comes to that.”
[A few weeks or months later.]
Person B: “We got into a big fight, that has been brewing for some time. I hate ‘C’ and a I want to break off all ties with ‘C.’ But we have that house together. ‘C’ will not move out, sell it, rent it, or buy me out. I cannot afford to buy out ‘A’. What do I do?”
Person A: “Shocker! (Sarcastic tone) Let’s call our attorney Jack Juan, Esq., who has helped us out countless times!”
Form of Partition
This scenario happens more often than most people realize. One solution is partitioning the real property. Every state has a form of partition. In Nevada, the solution or law of partition is provided by NRS 39.010.
If you find yourself owning real property with another person as joint tenants or as tenants in common and need to force a separation of the property interests, the law of partition could be a solution. In Nevada, it is provided by NRS 39.010. A lawsuit for a physical separation of the property or partition by a forced sale.
A physical partition or “in kind” is the Court ordering a physical separation of the property. This is preferred, as it is assumed to be the least prejudicial to everyone. It is dependent on whether the property can be physically separated.
Forced Sale Partition
A “forced sale” partition is when the physical partition is not possible. The Court can then force the sale of the entire property or limit it to the party seeking the partition. Again, it is dependent upon the property and circumstances.
Hire an Attorney to Help
If you are forced into a partition lawsuit, then seek guidance and representation from someone experienced with the little known law of partition (or NRS 39.010 in Nevada). Contact our attorneys today to see how Hayes Wakayama Juan can help with your partition lawsuit.