Nevada Revised Statutes
Nev. Rev. Stat. § 39.440 (2026)
When unequal partition is ordered, compensation to be made on account of inequality
✓ current as of July 2026
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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 partition be ordered by judgment, the court may adjudge
compensation to be made by one party to another, on account of the inequality
of partition; but such compensation shall not be required to be made to others
by owners unknown, nor by infants, unless in case of an infant it appears that
the infant has personal property sufficient for that purpose, and that the
infant’s interests will be promoted thereby.
[1911 CPA § 628; RL § 5570; NCL § 9117]
Notes of Decisions
Cited in 2
cases, 1992–2020 · leading case: FTR Farms v. Rist Farm, 305 Neb. 708 (Neb. 2020).
FTR Farms v. Rist Farm, 305 Neb. 708 (Neb. 2020). “§ 70-29-209 (2019); Nev. Rev. Stat. § 39.440 (2019); N.H. Rev.”
Kent v. Kent, 835 P.2d 8 (Nev. 1992). “The Owelty Award NRS 39.440 provides: 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, .”
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