Disclaimer: This is general information, not legal advice. Laws change and every case is different. Consult a Nebraska-licensed lawyer about your facts before taking action.
Detailed answer — How a Nebraska court handles a forced sale or buyout when co-owners dispute ownership of a family home
When multiple people own a home together and they cannot agree about selling it or one person wants to buy out the others, Nebraska law gives a remedy called a partition action. The court can either divide the property between the owners (partition in kind), or order a sale and divide the proceeds (partition by sale). If a sale would be impractical or unfair, the court can assign the property to one owner and require that owner to pay the others for their shares.
Nebraska’s statutes and court rules govern how to start and run a partition case. You can review the statutes at the Nebraska Legislature website (search “partition” or “partition of real estate”): https://nebraskalegislature.gov/laws/statutes.php
Step-by-step process
- Confirm ownership and interest type. Get a copy of the deed(s) and any probate or trust documents. Owners who hold title as tenants in common normally can force partition. If title shows joint tenancy with right of survivorship or the property is in a trust or estate, different rules may apply. If the parents are alive and hold the deed, determine whether the deed grants survivorship rights.
- Attempt negotiation first. Send a clear written demand offering a buyout price or proposing a sale and asking for a response within a set time. Courts look favorably on parties who try to resolve disputes without litigation. Consider mediation or a neutral appraisal to set a fair buyout price.
- Prepare and file the partition complaint. If negotiation fails, file a civil complaint for partition in the county district court where the property is located. The complaint names all record owners and any mortgagees or lienholders as parties. The plaintiff asks the court to either partition the land physically or sell it and divide the proceeds. Filing rules and fees vary by county.
- Serve all parties and lienholders. The court must give legal notice to every co-owner and every party who holds a recorded interest (mortgage, tax lien). If a co-owner cannot be found, the court may allow service by publication.
- Court evaluation and temporary orders. After the case begins, the court may issue temporary orders about possession (who may live in or occupy the home during litigation), who must pay property taxes, insurance, and mortgage payments, and whether one party must post security for costs. If occupants refuse to leave after a sale order, the buyer must use eviction procedures.
- Valuation and division process. The court often appoints commissioners, masters, or referees to inspect the property, report whether partition in kind is practicable, and recommend how to divide or value the property. The court may order appraisals or permit parties to present expert testimony on value.
- Order for sale or allotment (buyout). If the court finds the property cannot be fairly divided, it will order a sale. The court supervises the sale (often a public auction) and then confirms the sale and directs distribution of proceeds after paying liens, taxes, court costs, and reasonable expenses. Alternatively, the court can assign the property to one co-owner and require that person to pay others an amount equal to their fair shares (a judicial buyout). The court will use appraisals or other valuation methods to set the price.
- Distribution and closing steps. After sale or buyout, the judge signs an order reflecting the result and directing disbursement of funds. The clerk or a title company handles closing paperwork, pays off liens and mortgages, and distributes net proceeds per the court’s order.
Who must be included in the lawsuit
All record owners of the property must be named. Any party with a recorded lien (a mortgage, tax lien, judgment lien) also must be included because the sale proceeds must satisfy those liens. If someone has an equitable interest (for example, a beneficiary under a trust), they may also need to be brought in, depending on the facts.
Common complications in family-home partition cases
- Property in a parent’s estate or trust. If the house is titled in a deceased parent’s name and not yet probated, or if it is held in a trust, you may need to resolve probate or trust issues first.
- Homestead or occupancy claims. A surviving spouse or a resident may have rights that affect possession or how quickly a sale can proceed.
- Outstanding mortgages and taxes. Mortgages and tax liens remain attached. The court usually orders sale proceeds to pay those obligations before splitting net money among owners.
- Minor or incapacitated owners. The court must protect minors or incapacitated owners; a guardian or guardian ad litem may be required.
- Costs and attorney fees. Partition cases create court costs, fees for appraisers and commissioners, sale expenses, and lawyer fees. The court can allocate costs between parties in its final order.
Timeline and costs
A straightforward partition action often takes several months. Complex cases with contested valuations, occupancy disputes, or multiple liens can take a year or longer. Costs include filing fees, service costs, appraiser/commissioner fees, title work, sale expenses, and attorney fees. Expect some up-front costs even if you ultimately recover money from a sale.
Alternatives to a court-ordered partition
- Private sale agreement among owners and division of proceeds.
- One owner buys out the others after a negotiated appraisal and settlement.
- Mediation or neutral valuation to reach a compromise.
- Refinancing to let one owner keep the house and pay out co-owners (subject to lender approval).
Because litigation can be costly, courts and judges encourage resolving these disputes without a contested trial when possible.
For the statutory framework, start at the Nebraska Revised Statutes and search for “partition” or “real property” at the Nebraska Legislature website: https://nebraskalegislature.gov/laws/statutes.php. For court rules and local filing procedures, consult the Nebraska Judicial Branch self-help and local county court clerk pages: https://supremecourt.nebraska.gov/self-help
Helpful Hints
- Get a certified copy of the deed and a recent title report before you do anything else.
- Document occupancy, mortgage payments, taxes, insurance, and repairs — the court will consider who paid what when dividing costs and ordering reimbursements.
- Request a neutral appraisal early. A credible appraisal helps set a fair buyout price and speeds settlement talks.
- Try a written buyout offer and give a firm deadline. Courts often favor parties who try to negotiate in good faith.
- Include mortgage and lienholders in the paperwork. A court cannot clear or distribute funds from a sale if a lienholder is left out.
- Ask the court for temporary orders if someone is living in the house and failing to pay mortgage, taxes, or insurance — you may be able to get an order requiring maintenance payments while the case proceeds.
- If you suspect your parents lacked capacity or were pressured into transfers, gather medical records, communications, and witnesses to support any claims of undue influence or incapacity.
- Talk with a Nebraska real estate or civil litigation attorney to learn cost estimates, local court practices, and strategy. Many attorneys offer initial consultations and some take cases on contingency or limited-scope representation.
- Search for a lawyer through the Nebraska State Bar Association or a local county bar for referrals.
Careful preparation and early negotiation make partition cases faster, less expensive, and more predictable.