Detailed Answer
If you own an inherited share of land in Nebraska with one or more co-owners and they will not agree to sell or divide the property, you can ask the district court to force a partition. A partition action asks the court either to divide the land physically among the owners (partition in kind) or to order a sale and divide the sale proceeds (partition by sale).
Which law applies?
Partition actions in Nebraska follow the state statutes and district court procedure. See the Nebraska statutes on partition and related civil procedure (searchable at the Nebraska Legislature website): Nebraska statutes — partition and the broader civil procedure chapter: Neb. Rev. Stat., Chapter 25. You should review those provisions or have an attorney point to the specific sections that control your situation.
Who may bring a partition action?
Any co-owner of real property — commonly tenants in common — can file. If you inherited the property through probate or intestacy and your name now appears on the deed (or you have a recorded heir’s deed or court order establishing your interest), you have standing to file. If ownership is unclear, you may need to join the probate estate or seek a court declaration before or during the partition action.
Where to file
File the complaint in the district court for the county where the real estate lies. The court has power to determine title disputes, appoint commissioners or referees to value or divide property, and order sale and distribution of proceeds.
Basic steps to file and pursue partition in Nebraska
- Confirm ownership and gather documents. Get the recorded deed(s), probate paperwork (letters testamentary or letters of administration, estate inventory, court confirmations), the decedent’s death certificate, mortgage or lien documents, and tax records. A current title search can reveal liens and other encumbrances that affect sale proceeds.
- Try negotiation first. Courts expect co-owners to attempt resolution before litigation. Offer a buyout, mediated sale, or agreed partition. If negotiations fail, preserve evidence of attempts to settle — the court will see you tried to resolve the dispute.
- Prepare and file the complaint for partition. The complaint identifies the property, lists all owners and known claimants (including minors and persons under disability), describes each party’s claimed interest, and states the relief sought (partition in kind or sale). If you ask for a sale, explain why physical division is impractical (unequal values, small parcels, or inability to equally divide useable acreage).
- Name necessary parties and serve them properly. You must join all known co-owners, mortgagees, lienholders, and anyone with a recorded interest in the property. For unknown heirs or parties who cannot be found, the court may permit service by publication. Accurate service is critical — failure to join necessary parties can delay or invalidate the proceeding.
- Court appointments and evidence. The court may appoint commissioners to examine the land, report whether partition in kind is feasible, and recommend fair division lines. The court may also appoint a referee or order a sale by a court-appointed commissioner if sale is necessary.
- Partition in kind vs. sale. If the land can be fairly divided and each owner’s portion will be of roughly equivalent value, the court may order partition in kind. If physical division is impractical or would greatly reduce value, the court will usually order a sale and divide the proceeds proportionally after paying liens, sale costs, and allowed attorney fees.
- Sale process and confirmation. Sales may be public auction or private sale under court supervision. The court will confirm the sale and oversee distribution. Creditors with liens (like mortgages) generally get paid from sale proceeds according to priority.
- Distribution of proceeds and closing the case. After sale and payment of costs and liens, the court distributes net proceeds to owners according to their ownership shares. The court then issues a final order closing the matter and transferring title to the buyer if a sale occurred.
Practical issues to expect
- Filing fees, service fees, appraisal and survey costs, publication costs (if needed), and possible costs for a court-appointed commissioner or referee.
- If some owners are minors or incapacitated, the court will protect their interests (a guardian ad litem or special procedures may apply).
- Existing mortgages, tax liens, or mechanic’s liens must be resolved from the sale proceeds in priority order.
- Partition litigation can take months to more than a year depending on complexity, property type, and how many parties are involved.
When a buyout or settlement is better
If a co-owner wants to keep the land, a buyout can avoid court costs and delay. You can ask the court for an appraisal and set a buyout price, or agree privately on a valuation method. Courts sometimes permit a co-owner to buy out others at a fair appraised price to avoid sale.
Tax and title considerations
Sale of inherited property may have tax consequences (capital gains, basis adjustments). Title issues and the need to clear liens or quiet title claims may arise. Consult a tax adviser and a title professional for details specific to your situation.
Where to get forms and local rules
District court procedural forms and local rules are available through the Nebraska Judicial Branch and the Nebraska Legislature site. Helpful starting points: Nebraska Judicial Branch and the statutes search linked above.
Important disclaimer: This article explains general Nebraska procedures and is not legal advice. Laws change and each case turns on its facts. Consult a licensed Nebraska attorney to evaluate your specific situation and to prepare court papers or provide representation.
Helpful Hints
- Collect and make copies of all deeds, probate orders, and lien documents before filing.
- Get a current title report early to identify mortgages, liens, and necessary parties.
- Attempt a written settlement or mediation first; courts favor parties who tried to avoid litigation.
- Consider an appraisal and, if needed, a survey to support a fair division or sale price.
- If some heirs are unknown or cannot be found, ask the court about service by publication to avoid future challenges.
- Ask about a temporary injunction if co-owners are damaging property or trying to sell without your permission.
- Budget for costs: filing fees, publication, appraisal, survey, commissioner/referee fees, and attorney fees if you hire counsel.
- Talk to a Nebraska real estate attorney before filing to confirm venue, parties, and strategy. An attorney can also draft the complaint properly to avoid delays.