Partition

Partition

If you or anyone you know in the state of Nevada—Las Vegas, Henderson, Boulder City, or Mesquite—are in a real estate negotiation or dispute and need assistance with a Partition, you need the best legal help you can get.

With over 20 years of experience in this type of law, you need Charles Geisendorf.

Chapter 39 of the Nevada Revised Statutes (NRS) explains the relevant law on Partitions. Generally, a partition divides a property or estate into allotments to the interested parties involved, such as inheritors of someone’s real estate after that person passes away. Occasionally you will hear partitions called forced sales. A request for partition can be brought by anyone who owns undivided property. Sometimes people can come to an agreement that benefits everyone and make divisions happen fairly. Unfortunately, some cases cannot be resolved by the parties themselves and must move into the legal realm, which is fairly common.

If a judge gets involved, the court will determine the partition. This process begins with what is called a petition, evolving into a partition action. At this time it would greatly benefit you to have Charles’ expert legal assistance. Often inheritors or partners cannot agree on the appropriate use for the property they have been bequeathed, perhaps one person would like the entirety for him- or herself, or someone is just generally being unreasonable. You will need Charles to step in and be your voice at this time to protect your interests.

If you are experiencing a joint tenancy or tenants in common issue, Charles can also help you with that problem. Unless you have made specific concessions in your real estate contract, it’s important that all your rights to your property be protected, including granting you access to all of it.

If and when a judge awards a partition, there are three primary forms that action may take. In a partition in kind, the court divides the property among co-owners. Secondly, a partition by allotment, not available in all jurisdictions, will award the property or properties in question to one person or a group of people, mandating that they appropriately compensate the person or persons divested by the partition. Lastly, a partition by sale, noted above as a forced sale, though this action is generally only done under specific circumstances.

If we need to move forward with a partition lawsuit, the best outcome for everyone involved would be some form of physical division if the litigants can agree to that. If the property in question is something like a beloved family home, the situation could get more complex, which might be why the parties cannot agree, and the case moved into the court system in the first place. Some properties may have unique issues which need to be resolved, such as easements or home solar aspects or something special or endearing to the individual property.

With 20+ years experience in southern Nevada real estate law, whatever your needs in a partition dispute, reach out to Charles Geisendorf at (702) 873-5868