Disclaimer

This article explains general Nebraska legal principles and is for informational purposes only. It is not legal advice. Consult a licensed Nebraska attorney for advice about any specific case.

Detailed Answer

Short answer: Yes. Under Nebraska practice, a court handling a partition action can take steps to protect the interests of owners who are unknown, unlocatable, minors, incapacitated, or otherwise unable to appear, including appointing a guardian ad litem or other representative and ordering notice by publication. The court will require evidence that reasonable efforts were made to find the owners and will act to protect their interests before finally dividing or selling land.

How this works in a partition action:

• Filing and naming parties: A partition action asks the court to divide or sell property held by multiple owners. The plaintiff must name all known co-owners as defendants. If owners are unknown or cannot be located, the plaintiff explains that to the court and typically asks the court to allow alternative notice and to appoint a representative.
• Service and notice: When a defendant’s name or address is unknown, Nebraska courts permit alternative service methods such as publication. Courts require the plaintiff to show reasonable diligence in attempting to locate the missing owners before allowing publication or other substitute service.
• Appointment of a guardian ad litem or representative: To protect the legal interests of missing, unknown, minor, or incapacitated co-owners, the court may appoint a guardian ad litem (GAL) or another suitable representative (for example, a curator or special guardian under applicable statutes or local practice). The representative’s role is to protect the absent owner’s property rights in the proceeding and to receive notice on their behalf.
• Protections and limitations: The court’s appointment and the use of publication or other substitute notice help ensure any final order (partition by sale or division) binds unknown or unlocatable owners if notice requirements are satisfied. If an owner later appears and challenges the proceeding, the court will consider whether notice and representation were adequate.

What the court looks for before appointing a guardian or approving notice by publication

1. Proof of due diligence to locate the owner (efforts such as searching records, contacting relatives, using known addresses or last-known contacts).
2. A request from a party for alternative service or appointment and factual support for why a representative is needed.
3. Assurances that the appointed representative will protect the absent owner’s financial/property interests during the litigation.

Relevant Nebraska sources

Partition actions and the court’s authority to protect absent parties arise from Nebraska civil practice and related statutes and rules. See Nebraska statutory law on civil procedure and partition (Nebraska Revised Statutes, Chapter 25) and statutes and rules addressing guardianship and representation in court proceedings (see Nebraska Revised Statutes, Chapter 30). You can review the statutes and chapters here:

• Nebraska Revised Statutes, Chapter 25 (Civil Procedure / Actions): https://nebraskalegislature.gov/laws/statutes.php?chapter=25
• Nebraska Revised Statutes, Chapter 30 (Probate, Guardianships, and related proceedings): https://nebraskalegislature.gov/laws/statutes.php?chapter=30

Local court rules and case law also shape how judges handle appointment of guardians or alternative notice in partition actions. Different counties may follow specific local practice for appointments and compensation of a court-appointed representative.

Hypothetical example

Suppose A and B own farmland as tenants in common. A files a partition lawsuit but discovers B’s whereabouts are unknown and B has no listed relatives. The court will require A to show they searched public records, tax rolls, and possible last-known addresses. If the court finds reasonable efforts were made, it may permit service by publication and appoint a guardian ad litem or similar representative to protect B’s interest while the court divides or orders sale of the land. If B later appears, the court will consider whether B received adequate notice and representation.

Helpful Hints

• Begin with thorough searches: Check county deed and tax records, probate files, prior addresses, and online databases before asking the court to permit service by publication.
• Document your efforts: Keep records of each step you took to find the missing owner—courts rely on that documentation when deciding whether to allow substitute service or appoint a representative.
• Ask for specific relief in your pleadings: If you think a guardian ad litem or publication is necessary, include a clear request and factual support in the complaint or a motion.
• Be ready to pay reasonable fees: Courts may authorize payment for a guardian ad litem or order bonding or escrow to protect absent owners’ funds.
• Consider alternatives: If sale proceeds will be held by the court or placed in escrow until claims are resolved, that can also protect absent owners’ interests.
• If an absent owner appears later: The court will review whether notice and representation were proper; late appearance does not automatically void prior orders if the court followed required procedures.
• Consult local counsel: Local Nebraska attorneys know county practice, judges’ preferences, and how courts in that county typically handle appointments and publication.