Detailed Answer

Quick overview: In Nebraska, co-owners (tenants in common or joint tenants) who cannot agree on possession, use, or sale of real property can ask a court to force a partition. A partition action asks the court to divide the property physically (partition in kind) or sell it and divide the proceeds (partition by sale). The action is usually filed in the district court where the property lies and follows Nebraska civil procedure and partition law. This is educational information only and not legal advice.

What is a partition and who may file?

A partition action asks the court to divide or sell property owned by two or more persons when co-owners cannot amicably divide the land. Any co-owner (owner of a legal or equitable interest) may file. The court will join all persons with an interest in the property, including mortgagees, lienholders, and some claimants, so they can be bound by the result.

Where the law is found

Nebraska’s civil procedure and partition rules are codified in the Nebraska Revised Statutes and implemented through the district courts. For statutory language and procedure, see the Nebraska Legislature statutes page: https://nebraskalegislature.gov/laws/statutes.php. For court filing rules and district court information, see the Nebraska Judicial Branch: https://supremecourt.nebraska.gov/courts/district-courts.

Step-by-step: How co-owners initiate a partition action in Nebraska

Confirm standing and identify parties. Verify you are a co-owner (deed, will, probate documents). Identify all other owners, holders of recorded liens, and anyone claiming an interest. The court must join those parties so the partition order is binding.
Choose the correct court and venue. File in the district court in the county where the property is located. District courts handle real property partition actions in Nebraska.
Prepare the complaint (petition). The complaint should include:
- Legal description of the property (from the deed).
- Your basis for ownership and each party’s claimed interest or share.
- Whether you seek partition in kind (division of land) or partition by sale, and why (e.g., division impractical).
- Requests for relief: appointment of commissioners, order for sale, accounting of liens/expenses, distribution of proceeds, and costs.
File the complaint and pay fees. Submit the complaint to the proper district court clerk and pay filing fees. The clerk gives a case number and filing date.
Serve all parties and lienholders. Serve the complaint and summons to every co-owner, mortgagee, and recorded lienholder following Nebraska service rules. If a party cannot be found, the court may allow substituted service or service by publication under Nebraska procedure.
Pleadings and preliminary orders. Defendants may answer, assert defenses, or file counterclaims (for example, claims for unequal contributions or liens). The court may issue temporary orders about possession, maintenance, taxes, insurance, or rents and profits while the case proceeds.
Commissioners, appraisal, and attempts at in-kind division. If the court orders partition in kind, it typically appoints neutral commissioners (or referees) to survey, value, and propose a physical division. If a fair in-kind division is possible without seriously diminishing value, the court may order it.
Partition by sale if division impractical. If commissioners report that dividing the land would be impractical or would cause injustice, the court can order a sale. The court supervises the sale or authorizes sale at public auction or private sale with court confirmation. The sale proceeds pay liens, costs, and then distribute the remainder among owners per their interests.
Accounting and distribution. The court addresses priorities (mortgages/taxes), reimburses co-owners for necessary and beneficial expenditures (taxes, mortgage payments, repairs) as the court finds fair, and orders the final distribution. The court issues a decree of partition that resolves ownership and authorizes transfer of title or distribution of sale proceeds.
Appeals and finality. Parties may appeal the district court’s orders under Nebraska appellate rules. Once appeals are exhausted or time to appeal passes, the decree becomes final and can be recorded to clear title or complete transfers.

Common practical issues in Nebraska partition cases

Mortgages and tax liens remain attached to the property. A sale usually pays secured creditors first.
Improvements and unequal contributions: the court can account for payments by one co-owner (mortgage, taxes, repairs) and adjust the final distribution.
Family-owned property and buyouts: often the cheapest route is negotiation or mediation where one co-owner buys out others based on appraisal.
Title defects: partition cases may raise issues (adverse claims, unrecorded interests) that complicate the process and may require additional litigation steps.

Estimated timeline and costs

Timelines vary. A straightforward, uncontested partition might take several months to a year. Contested cases, lien resolution, appraisal disputes, or sales under court supervision can take longer. Costs include filing fees, attorney fees, title searches, survey and appraisal fees, commissioner fees, sale expenses, and possible escrow costs. Courts can award costs or adjust distributions to reflect contributions and expenses.

When to consider alternatives

Consider alternatives before filing:

Negotiate a buyout or sale agreement among co-owners.
Use mediation to settle disputes and save litigation costs.
Agree to a voluntary partition deed that conveys physical portions (if feasible) and record it.

Documents to gather before you file

Deeds and legal description of the property.
Mortgage, lien, and tax records.
Evidence of payments for taxes, mortgage, repairs, or improvements.
Any written agreements among co-owners (buy/sell agreements, leases).
Contact information for all co-owners, lienholders, and occupants.

How an attorney can help

An attorney can prepare pleadings, identify necessary parties, handle service, represent you at hearings, negotiate buyouts, manage sale procedures, and protect your financial interests. Hire counsel if there are title defects, contested valuations, complex liens, or family disputes.

Helpful Links

Nebraska Legislature statutes page: https://nebraskalegislature.gov/laws/statutes.php
Nebraska Judicial Branch — District Courts: https://supremecourt.nebraska.gov/courts/district-courts

Disclaimer

This article explains general Nebraska partition procedures for educational purposes only. It is not legal advice, does not create an attorney-client relationship, and may not reflect changes in law. If you need legal advice about a specific situation, consult a licensed Nebraska attorney.

Helpful Hints

Before filing, try a simple written buyout offer with a neutral appraisal to save time and cost.
Gather all title and payment records early — these speed up pleadings and accounting.
Expect the court to favor partition in kind only when it produces fair division without significant loss of value.
Address mortgages and property taxes promptly to avoid priority claims and interest adding to costs.
Use court-ordered sale only if division would be impractical or inequitable; a private sale by agreement often maximizes value.
If you are a non-resident co-owner, ensure you receive proper notice; failure to serve a party correctly can delay the case.
Document contributions (receipts, bank records) for repairs, taxes, or mortgage payments — the court will consider them when allocating proceeds.