Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult a qualified Nebraska attorney for guidance specific to your situation.
Detailed Answer: Understanding Partition Actions in Nebraska
When two or more individuals own real property together and cannot agree on its use or disposition, Nebraska law allows any co-owner to ask the court to divide or sell the property. This procedure is called a partition action. Partition actions appear at Neb. Rev. Stat. §§ 25-21,125 to 25-21,139 (25-21,125).
1. Who Can File?
Any co-owner with a legal or equitable interest in the property may file a partition action. Co-owners include tenants in common or joint tenants.
2. Types of Partition
- Partition in Kind: The court physically divides the land so each owner receives a distinct portion. See Neb. Rev. Stat. § 25-21,126 (25-21,126).
- Partition by Sale: If a fair physical division is impractical, the court orders a public sale of the property and distributes proceeds among the owners. See Neb. Rev. Stat. § 25-21,127 (25-21,127).
3. Key Steps in a Partition Action
- Filing the Petition: A co-owner files a written petition in the county district court where the real estate lies. The petition must identify the property, each owner’s interest, and why partition is necessary.
- Service of Process: All other co-owners must receive notice of the action by personal service or certified mail.
- Answer and Preliminary Hearing: Interested parties may file an answer, asserting any defenses or counterclaims. The court may hold a preliminary hearing to schedule further proceedings.
- Appointment of Commissioners: The court appoints three disinterested commissioners to survey and appraise the property.
- Commissioners’ Report: After inspection, commissioners submit a written report recommending subdivision lines or sale terms and estimated values.
- Objections and Final Hearing: Owners can object to the report within 30 days. The court holds a final hearing to resolve disputes and enter a judgment.
- Judgment and Decree: The court issues a decree ordering partition in kind or directing a sale. The decree also appoints officers to carry out the sale or division.
- Distribution of Proceeds or Titles: In a sale,—after paying costs, commissions, and liens—the net proceeds go to owners based on their ownership shares. In a physical partition, each owner receives clear title to their allotted tract.
4. Cost Allocation
Partition costs (court fees, appraiser fees, sale expenses) typically come from sale proceeds or are allocated equitably among owners. Neb. Rev. Stat. § 25-21,135 (25-21,135).
Helpful Hints
- Gather clear documentation of each owner’s title interest and percentage share before filing.
- Consider mediation or negotiation to split usage or proceeds without court involvement.
- Prepare for appraisal delays; choose commissioners with local real estate expertise.
- Stay aware of deadlines for filing objections to the commissioners’ report.
- Consult an experienced Nebraska real estate attorney to guide you through procedural requirements and cost allocation.