Detailed answer — practical paths under Nebraska law

If you still co-own real estate with an ex after a divorce and the two of you cannot agree on what to do, Nebraska law gives several paths to divide or sell the property. The main legal tool is a court action called a partition. You also have non‑court options such as negotiating a buyout, mediating an agreement, or selling the property by mutual consent. Which path makes sense depends on ownership type, the mortgage and liens, the divorce decree, and whether the property can be physically divided.

1) File a partition action (court-ordered division or sale)

A partition action asks a court to divide co-owned real property among the owners. Under Nebraska’s partition statutes, the court will try to divide the land in kind (physically) when it is practical. If physical division is impossible or would be unfair, the court can order a public sale and divide the proceeds between owners according to their ownership shares. See Neb. Rev. Stat. § 25-21,149 et seq. for the governing procedures and powers of the court. For the statute text, see: Neb. Rev. Stat. § 25-21,149 et seq.

Key points about partition:

• The action is typically filed in district court where the property is located.
• You must name all co-owners as parties. The court orders either division in kind or sale.
• If the court orders sale, it may appoint a commissioner or master to sell the property and return proceeds to the parties after paying liens, costs, and commissions.
• Costs and attorney fees come out of the proceeds unless the court orders otherwise.

2) Buyout by one co-owner

A common, less expensive option is one ex buys the other out. Steps include getting an appraisal or broker price opinion, negotiating a price, arranging refinancing (to remove the other owner from the mortgage), and signing a deed transferring title. This avoids litigation and sale costs but requires funds or lending that will accept the refinancing.

3) Sell the property by agreement

If you and your ex can agree, list the property, accept an offer, and split the proceeds per your ownership interests or the divorce decree. Agreement is usually fastest and cheapest. Make sure to clear liens and follow the sale contract and closing procedures.

4) Mediation or settlement negotiation

Mediation can help bridge differences and produce a written settlement specifying sale, buyout terms, timelines, allocation of closing costs, and responsibility for repair or sale prep. Courts often encourage or require mediation in family law matters; even if not required, it is usually less expensive than a partition action.

5) Quiet title or other court remedies (limited situations)

If title is unclear or if one party claims exclusive ownership based on adverse possession or other grounds, a quiet title action could be appropriate. Quiet title is narrower and focuses on ownership disputes rather than forcing sale. Talk to an attorney to see whether this applies.

How the divorce decree affects options

Your divorce judgment may already assign the property, order a sale, or require one spouse to refinance. If the decree explicitly disposes of the property, a co-owner who refuses to comply may be in contempt of court and the other party may ask the court to enforce the decree. If the decree did not fully dispose of the property or left the property in joint names, you will likely need a partition action or agreement to finish the job.

Mortgages, liens, and lender issues

Co-ownership does not change lender rights. If the mortgage remains in both names, the lender can still pursue foreclosure for missed payments. A buyer or refinancer will require satisfaction or refinancing of the mortgage. Any lienholders must be paid from sale proceeds when the court orders sale under a partition action.

How courts divide proceeds

Courts distribute sale proceeds based on ownership shares shown in title or as proven in court, less liens, sale costs, taxes, and court costs. If ownership interests are unequal (for example, one spouse contributed more to purchase or paid more post-separation), evidence may affect distribution, but title is a strong starting point.

Typical timeline and costs

Negotiated solutions (sale by agreement or buyout) can take a few weeks to a few months. Partition litigation commonly takes several months to over a year, depending on court schedules, complexity, and appeals. Litigation costs include filing fees, possible appraisal, title work, commissioner fees, and attorneys’ fees.

Helpful Hints

• Gather documents: deed, mortgage, divorce decree, correspondence about the property, and any written agreements.
• Check title: Confirm who is on title and whether title reflects the divorce court’s intent.
• Get a valuation: Order an appraisal or comparable market analysis before negotiating or filing suit.
• Talk to your ex: A written settlement often saves time and money compared with litigation.
• Consider refinancing: If you want to keep the house, refinancing to remove your ex from the mortgage can be a solution.
• Weigh costs: Litigation costs and delays can reduce the net you get from a forced sale.
• Mind tax implications: Capital gains and exemptions can affect the net proceeds—consult a tax advisor.
• Act promptly: Liens, unpaid property taxes, and market conditions change; delay can reduce options.
• Consult an attorney: A Nebraska attorney can explain how the divorce decree, title, and local practice affect your case and can file a partition action if needed.