Nevada § 39.685 - Considerations for partition in kind

§ 39.685. Considerations for partition in kind

1. In determining under subsection 1 of NRS 39.680 whether partition in kind would result in great prejudice to the cotenants as a group,

the court shall consider the following: (a) Whether the heirs property practicably may be divided among the cotenants; (b) Whether partition in kind would apportion the property in such a way that the

aggregate fair market value of the parcels resulting from the division would be materially

less than the value of the property if it were sold as a whole, taking into account

the condition under which the court-ordered sale likely would occur; (c) Evidence of the collective duration of ownership or possession of the property

by a cotenant and one or more predecessors in title or predecessors in possession

to the cotenant who are or were relatives of that cotenant or each other; (d) A cotenant's sentimental attachment to the property, including, without limitation,

any attachment arising because the property has ancestral or other unique or special

value to the cotenant; (e) The lawful use being made of the property by a cotenant and the degree to which

the cotenant would be harmed if the cotenant could not continue the same use of the

property; (f) The degree to which the cotenants have contributed their pro rata share of the

property taxes, insurance and other expenses associated with maintaining ownership

of the property or have contributed to the physical improvement, maintenance or upkeep

of the property; and (g) Any other relevant factor. 2. The court may not consider any one factor in subsection 1 to be dispositive without

weighing the totality of all relevant factors and circumstances.