Detailed Answer: Forcing a Partition Sale of an Inherited Home under Nebraska Law

Short answer: In Nebraska, any co-owner of real property (for example, two siblings who inherited their father’s house as tenants in common) can ask a court to divide the property or order a sale and divide the proceeds. If the court finds the property cannot be fairly divided in kind, it will order a sale and distribute the net proceeds among the co-owners after paying liens, costs, and any court-ordered adjustments.

Important: This article explains general Nebraska law and is not legal advice. Consult a licensed Nebraska attorney to discuss your specific facts.

Who can file and where to file?

Any co-owner of real estate in Nebraska may file a petition for partition in the district court for the county where the property is located. If you and your sibling are co-owners (for example, tenants in common) you do not need the other co-owner’s consent to start the case.

Statutes governing civil actions (including partition) are located in the Nebraska Revised Statutes, Chapter 25. See: Neb. Rev. Stat., Chapter 25 (Actions).

Typical partition procedure (step-by-step)

Title check and documents: Before filing, gather the deed(s) showing who owns the property, the decedent’s will or probate documents (if any), the death certificate, any mortgages or liens, property-tax records, and insurance information.
Attempt a voluntary resolution: Courts prefer parties try to resolve disputes first. Options include one co-owner buying out the other, selling the property by agreement through a real estate broker, or agreeing on an in-kind division if the land can be practically split.
File a petition for partition: If you cannot agree, file a petition in the district court in the county where the property sits. The petition names all co-owners and asks the court to divide the property in kind or, if that is impracticable, order a sale and division of proceeds.
Service and response: The other co-owners must be served with the petition and given an opportunity to respond. The court may set hearings to resolve disputed facts.
Commissioners or referees: If the court finds physical division is possible and fair, it may appoint commissioners to divide the land and to prepare a report. If division would produce unequal or impractical parcels (for example, because the property is a single house on one lot), the court commonly orders a sale.
Sale process: If the court orders sale, the court usually provides instructions: appointing a commissioner or special master to arrange notice, appraisal, and public sale (often by auction). The sale proceeds first pay mortgages, liens, property taxes, court costs, and sale costs; net proceeds then distribute to co-owners according to their ownership shares, with possible court-ordered adjustments for contributions, improvements, or waste.
Distribution and accounting: After sale and payment of debts and costs, the court enters an order distributing the remainder to the owners. If one owner advanced funds for mortgage payments or repairs, the court may adjust distributions accordingly.

What the court considers

The court examines whether physical division (partition in kind) is practicable and fair. For most single-family homes on one lot, safe division in kind is impractical, so courts typically order sale. The court also considers liens (mortgages, tax liens), whether one co-owner occupied the property and paid expenses, waste or damage, and equitable adjustments for improvements or contributions.

Timeframe and costs

A partition action can take several months to over a year depending on contested issues, the need for appraisal, and scheduling. Expect court filing fees, service costs, appraisal and survey costs, commissioner fees, and attorney fees (if you hire counsel). The final sale must cover liens and costs before owners receive any proceeds.

Alternatives to a court-ordered sale

Negotiate a buyout (one sibling buys the other out for an agreed price).
Sell the property by agreement and split the proceeds without court involvement.
Use mediation to reach an agreement about sale timing, price, or division of proceeds.

Practical example (hypothetical)

Suppose you and your sibling inherited your father’s house as tenants in common. The house has a mortgage of $40,000 and a fair market value of $200,000. You want the house sold, but your sibling refuses. You can file a partition action in the district court where the house is located. The court will examine if the lot can be divided; if not, it will order a sale. After a public sale, the mortgage and sale costs are paid, and the remaining proceeds are split 50/50 (or according to the co-owners’ legal shares), possibly with adjustments if one of you paid property taxes or made improvements.

Where to find Nebraska law

For statutory guidance on civil actions, including partition, see Nebraska Revised Statutes, Chapter 25: https://nebraskalegislature.gov/laws/statutes.php?chapter=25. For procedural details, contact the district court clerk in the county where the property sits; they can explain filing requirements and local fees.

Helpful Hints

Gather title documents before filing: deed(s), probate paperwork, death certificate, mortgage and lien paperwork, tax bills, and homeowners insurance policy.
Talk to your co-owner early. A negotiated sale or buyout is often faster, cheaper, and less stressful than litigation.
Get a current market valuation or appraisal so you understand the likely sale proceeds.
Keep paying mortgage, taxes, and insurance while the property is co-owned. Failure to do so may lead to foreclosure or a claim for waste.
Consider mediation to avoid court. Many courts will stay partition cases briefly to allow mediation or settlement talks.
If you live in the house, consider how occupancy affects costs and credit for rent or use; raise those issues early in negotiations or pleadings.
Ask the court about a temporary injunction if the other co-owner is damaging the property or allowing waste.
Consult a Nebraska real estate attorney to calculate likely net proceeds after liens, costs, and possible adjustments for contributions or improvements.
Be mindful of tax consequences: sale proceeds may create capital gains tax. Consult a tax advisor.

Final note and disclaimer: This article explains general Nebraska law on partition actions and common procedural steps. It is for educational purposes only and does not create an attorney-client relationship. This is not legal advice. To protect your rights and obtain advice tailored to your situation, contact a licensed Nebraska attorney who handles real estate and probate disputes.