Detailed Answer
This section explains, in plain language, the typical steps to start and complete a partition action in Nebraska when an inherited co-owner refuses to cooperate. It covers who can file, where to file, what to include in your court papers, what the court can order, likely timing and costs, and practical alternatives you should try first.
Who can file a partition action?
Any owner of an interest in real property in Nebraska who holds title as a tenant in common or in any form that gives them a divisible ownership interest may bring a partition action to divide the land or force a sale. Inherited property often results in tenants in common among heirs. The action asks the court to either physically divide the property (partition in kind) or to sell it and divide the proceeds (partition by sale).
Where to file
File the partition complaint in the district court for the county where the land is located. If you are unsure which court to use, contact the Nebraska Judicial Branch or use their court locator.
Key statutes and rules
Nebraska law sets out procedures for partition actions. See the Nebraska statutes related to partition (Chapter 25) for governing provisions and remedies: Nebraska Revised Statutes (search and chapters). For court rules and local procedures, check the Nebraska Judicial Branch self-help and local district court rules: Nebraska Judicial Branch – Self Help.
Step-by-step: How to file and prosecute a partition action in Nebraska
- Confirm ownership and the co-owners. Obtain copies of the deed(s) and any probate documents showing how the property passed to heirs. A title search helps identify all recorded owners and any liens or mortgages.
- Try negotiating first. Before filing, send a written demand explaining your position and offering options: sell and split, buy-out, or divide. Save all correspondence. Offer mediation—courts often view good-faith negotiation favorably and mediation can save time and money.
- Decide what you want the court to do. You can ask the court for a partition in kind (physical division), or, if division is impractical, a partition by sale. Courts prefer partition in kind when it is fair and practicable. If you request sale, ask the court to appoint a commissioner or referee to handle appraisal and sale.
- Prepare and file the complaint. The complaint should identify the plaintiff(s) and all defendants (every person with a recorded interest or whose name appears on title or probate records), describe the property with a legal description, state the nature and extent of each party’s interest (if known), and request the court order partition (in kind or sale), appointment of a commissioner/referee, and distribution of proceeds. Attach copies of deeds or probate documents when available.
- Record a lis pendens. After filing, record a notice of the lawsuit (lis pendens) in the county where the property is located. This alerts interested parties and prevents transfers that could affect the property during litigation.
- Serve all defendants properly. Arrange service of the complaint and summons on every defendant according to Nebraska rules. The court cannot proceed against unserved parties.
- Ask for temporary relief if needed. If a co-owner threatens to encumber, remove belongings, or damage the property, ask for temporary injunctive relief or an order preserving the property while the case proceeds.
- Appraisal and commissioner/referee appointment. If the court orders partition by sale or needs valuation, it will typically appoint a neutral commissioner or referee to obtain appraisals, recommend division, and handle sale procedures.
- Partition in kind vs. sale. If the land can be fairly divided, the court may order a partition in kind, allocating defined parcels to owners according to their shares. If division would be impractical or inequitable (for example, a single house on one lot), the court will order a sale, often at public auction or private sale under court supervision.
- Pay debts, liens, and costs first. Sale proceeds are used first to pay valid liens, mortgages, taxes, sale costs, and the commissioner’s fees. Remaining proceeds are distributed among owners according to their ownership shares.
- Final decree and recordation. When the court issues a final decree, it directs the division or sale and distribution. Record any deed or court order necessary to transfer title to the new owners or purchaser.
Typical timeline and costs
Simple, uncontested partitions (rare where co-owners disagree) can resolve in a few months. Contested cases commonly take 6–18+ months depending on scheduling, appraisals, sale logistics, and appeals. Costs include court filing fees, service fees, appraisal and survey costs, commissioner/referee fees, title work, recording fees, and attorney fees. A forced sale may fetch lower prices than a voluntary market sale.
Common court powers and orders
- Order physical division of land or a sale.
- Appoint a commissioner or referee to value and sell property.
- Order conveyances to new owners after partition.
- Require accounting and distribution of sale proceeds after paying liens and costs.
Example (hypothetical fact pattern)
Suppose three siblings inherited farmland as tenants in common after probate. One sibling refuses to sell or cooperate with a partition. The sibling who wants out files a partition complaint in the county district court listing all heirs and known mortgage holders. They request partition by sale because the farmland cannot be fairly divided. The court appoints a commissioner, the land is appraised and sold at a supervised sale, liens and sale costs are paid, and the net proceeds are divided per each sibling’s ownership shares.
Helpful Hints
- Gather documents: deeds, probate orders, death certificates, wills, mortgage statements, and tax records before you file.
- Run a title search to identify all owners and recorded liens. Unknown owners or lienholders must be served or the court might not be able to bind them.
- Try a written buy-out offer first. A negotiated buy-out or sale often costs far less than litigation.
- Use mediation: many district courts offer or require mediation and it can preserve relationships while saving money.
- Consider the costs and likely sale price. Forced sale under court supervision sometimes reduces buyer interest and price; weigh attorney and court costs against your expected share.
- Keep the property insured and secure during litigation to avoid loss and additional liability.
- Be ready to show proof of your ownership share. If you inherited through probate, bring those documents to court.
- If a co-owner lives on the property, ask the court for interim arrangements (rent, possession, or injunction) to protect your interest while the case proceeds.
- Consider tax consequences: proceeds from sale of inherited property can have tax effects. Consult a tax professional.
- Consult an attorney experienced in Nebraska real property litigation. They can prepare the complaint, handle service and discovery, and represent you at hearings and sale procedures.
Where to find forms and more information
- Nebraska Judicial Branch — Self Help: https://supremecourt.nebraska.gov/self-help
- Nebraska Revised Statutes (laws and chapter search): https://nebraskalegislature.gov/laws/
- Contact information for the district court in the county where the property sits (use the Nebraska Judicial Branch court locator).