Can I force the sale of an inherited parcel in Nebraska?

Short answer: Yes — if you and the other owner(s) cannot agree, you can ask a Nebraska court to order a partition. The court can physically divide the land if feasible (partition in kind) or sell the property and divide the proceeds (partition by sale).

Detailed answer

This explanation assumes the property is already owned by the heirs or co-owners (for example, after probate or when the deed lists the heirs or beneficiaries). If the property is still held in the decedent’s estate, the personal representative may need to act first. If one co-owner refuses to list the property with a realtor or to sell voluntarily, Nebraska law provides a court procedure called an action for partition that lets a co-owner force either a division of the land or a sale.

Where to file

File a partition action in the Nebraska district court in the county where the property is located. The complaint names all co-owners and asks the court to partition the property.

Partition options the court will consider

Partition in kind: The court prefers to divide the land into physically separate parcels when division is practical and fair. The court may appoint commissioners to survey and divide the property.
Partition by sale: If physical division is impracticable or would be unfair (for example the parcel is too small, has a single house, or division would destroy value), the court can order a sale and distribute proceeds according to each owner’s share.

What the court process typically involves

Complaint and service: You file a petition for partition and must properly serve all co-owners and interested parties.
Court procedures: The defendant owners may respond. The court may hold hearings and may appoint commissioners or referees to examine and propose a division or sale method.
Valuation: The court may order appraisals to determine fair market value. If the court orders a sale, it will direct how the sale is conducted (public auction, sheriff sale, or other court-supervised sale).
Payment of debts and costs: Mortgages, liens, taxes, and court costs are paid from sale proceeds before proceeds divide to owners according to their shares.
Distribution: After sale and payment of encumbrances and costs, net proceeds are distributed to the owners by percentage ownership or the court’s allocation.

What you should do before filing

Confirm who legally owns the property (deed, probate records, title report).
Try negotiation first: offer a buyout, mediation, or a written demand to sell. Courts often appreciate evidence that you tried to resolve the dispute informally.
Obtain a professional appraisal so you can propose a fair buyout or show value to the court.
Check for mortgages, liens, unpaid taxes, or other encumbrances that affect sale proceeds.

Costs, timeline, and outcomes

A partition action can take several months to more than a year depending on complexity, contested issues, and court schedules. Expect attorney fees, court costs, appraisal fees, and costs for any ordered sale or surveying. The court can charge those costs to the sale proceeds or allocate them among owners.

Probate and inherited property issues

If title has not yet passed out of the probate estate, you may need to work with the estate’s personal representative before filing a partition action. If the estate distributed the property to multiple heirs, those heirs are co-owners with the right to seek partition. If the decedent’s will or a trust contains specific sale instructions, those documents may affect whether and how the property is sold.

Statutes and authority

Nebraska law governs partition actions in the statutory provisions for civil procedure and property. For the statutory framework, see the Nebraska Revised Statutes chapter that covers partition and related civil actions: Nebraska Revised Statutes, Chapter 25. Your attorney can point you to the exact partition sections and relevant case law for your situation.

When a partition action might not be the best first step

Filing a partition petition is a formal, sometimes costly route. Consider these alternatives first:

Negotiate a buyout of the unwilling owner’s share.
Use mediation to reach a settlement on sale terms or time frame.
Offer to buy the other owners out or propose a mutually acceptable realtor and listing plan.

Helpful hints

Document all communications. A written demand letter asking for sale and showing your willingness to negotiate helps if you later go to court.
Get a current appraisal before making offers or filing suit. Courts use appraisals when ordering sales or dividing value.
Check title and liens early. Knowing encumbrances prevents surprises at sale time.
Consider mediation. Many courts will encourage or require alternative dispute resolution before a contested hearing.
Understand costs. Court-ordered sales and partition actions generate fees and expenses that reduce net proceeds.
Talk to a Nebraska attorney experienced in real estate or probate litigation. They can file the proper pleadings, protect your interest, and explain local practice.

Disclaimer: This article explains general Nebraska law and common procedures for partition actions. It is for informational purposes only and is not legal advice. For guidance specific to your situation, consult a licensed Nebraska attorney.