Nevada Code § 39.675

Cotenant buyout
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1. If any cotenant requested partition by
sale, after the determination of value under NRS
39.670 , the court shall send notice to the parties that any cotenant except
a cotenant that requested partition by sale may buy the interest of any
cotenant that requested partition by sale.
2. Not later than 45 days after the notice
is sent under subsection 1, any cotenant except a cotenant that requested
partition by sale may give notice to the court that it elects to buy all the
interests of the cotenants that requested partition by sale.
3. The purchase price for each of the
interests of a cotenant that requested partition by sale is the value of the
entire parcel determined under NRS 39.670 multiplied by that cotenants fractional ownership of the entire parcel.
4. After expiration of the period in
subsection 2, the following rules apply:
(a) If only one cotenant elects to buy all the
interests of the cotenants that requested partition by sale, the court shall
notify all the parties of that fact.
(b) If more than one cotenant elects to buy all
the interests of the cotenants that requested partition by sale, the court
shall allocate the right to buy those interests among the electing cotenants
based on each electing cotenants existing fractional ownership of the entire
parcel divided by the total existing fractional ownership of all cotenants
electing to buy and send notice to all the parties of that fact and of the
price to be paid by each electing cotenant.
(c) If no cotenant elects to buy all the
interests of the cotenants that requested partition by sale, the court shall
send notice to all the parties of that fact and resolve the partition action
under subsections 1 and 2 of NRS 39.680 .
5. If the court sends notice to the
parties under either paragraph (a) or (b) of subsection 4, the court shall set
a date, not earlier than 60 days after the date the notice was sent, by which
electing cotenants must pay their apportioned price into the court. After this
date, the following rules apply:
(a) If all electing cotenants timely pay their
apportioned price, the court shall issue an order reallocating all the
interests of the cotenants and disburse the amounts held by the court to the
persons entitled to them.
(b) If no electing cotenant timely pays its
apportioned price, the court shall resolve the partition action under
subsections 1 and 2 of NRS 39.680 as if
the interests of the cotenants that requested partition by sale were not
purchased.
(c) If one or more but not all the electing
cotenants fail to timely pay their apportioned price, the court shall give
notice to the electing cotenants that paid their apportioned price of the
interest remaining and the price for all that interest.
6. Not later than 20 days after the court
gives the notice described in paragraph (c) of subsection 5, any cotenant that
paid may elect to purchase all the remaining interest by paying the entire
price to the court. After the 20-day period, the following rules apply:
(a) If only one cotenant pays the entire price
for the remaining interest, the court shall issue an order reallocating the
remaining interest to that cotenant. The court shall issue promptly an order
reallocating all the interests of all the cotenants and disburse the amounts
held by the court to the persons entitled to them.
(b) If no cotenant pays the entire price for the
remaining interest, the court shall resolve the partition action under
subsections 1 and 2 of NRS 39.680 as if
the interests of the cotenants that requested partition by sale were not
purchased.
(c) If more than one cotenant pays the entire
price for the remaining interest, the court shall reapportion the remaining
interest among those paying cotenants, based on each paying cotenants original
fractional ownership of the entire parcel divided by the total original
fractional ownership of all cotenants that paid the entire price for the
remaining interest. The court shall issue promptly an order reallocating all
the cotenants interests, disburse the amounts held by the court to the persons
entitled to them and promptly refund any excess payment held by the court.
7. Not later than 45 days after the court
sends notice to the parties pursuant to subsection 1, any cotenant entitled to
buy an interest under this section may request the court to authorize the sale
as part of the pending action of the interests of cotenants named as defendants
and served with the complaint but that did not appear in the action.
8. If the court receives a timely request
under subsection 7, the court, after hearing, may deny the request or authorize
the requested additional sale on such terms as the court determines are fair
and reasonable, subject to the following limitations:
(a) A sale authorized under this subsection may
occur only after the purchase prices for all interests subject to sale under
subsections 1 to 6, inclusive, have been paid into the court and those
interests have been reallocated among the cotenants as provided in those
subsections; and
(b) The purchase price for the interest of a
nonappearing cotenant is based on the courts determination of value under NRS 39.670 .

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