What remedies are available in Nebraska when a co-owner sells real property without your agreement?

Short answer: If a co-owner sells property without your agreement, you may be able to ask a Nebraska court to void or set aside the sale (if it was fraudulent or unauthorized), obtain an accounting or damages, pursue an action to partition the property (including a court-ordered sale), or quiet title depending on the facts. Which remedy fits best depends on how the property is owned, whether the deed was forged or obtained by fraud, whether a purchaser was a good-faith buyer, and the timing of your challenge.

Detailed answer — Understanding co-ownership and the main legal remedies in Nebraska

Start with the basics. Two common ways people co-own real property are tenancy in common and joint tenancy. In Nebraska, a tenancy in common lets each owner sell or mortgage their undivided interest without the other owner’s permission. A joint tenancy normally includes a right of survivorship, but whether a sale is effective depends on how title is held and recorded. Regardless of form, a co-owner cannot usually convey another co-owner’s individual ownership interest unless authorized by them or by law.

Below are the main legal paths a Nebraska co-owner can pursue when a co-owner has sold the property without agreement.

1) Challenge the sale as void or voidable (fraud, forgery, lack of authority)

• If the deed was forged, signed under fraudulent pretenses, or recorded based on false documents, you can sue to cancel the deed and return title to the rightful owners. Courts can set aside deeds obtained by fraud or forgery and order the recorder to cancel or note the judgment.
• If the selling co-owner lacked authority to convey the other owner’s interest (for example, if the deed purported to convey the entire estate but only one tenant in common actually executed it), a court can declare the sale invalid as to the non-consenting co-owner unless the buyer took title in good faith and for value and the deed legally transferred a separate interest.

2) Partition action (divide the property or force a sale)

• Co-owners who cannot agree often file a partition action. In Nebraska, a partition action lets an owner ask the court to physically divide the land (partition in kind) if feasible or order a sale and divide proceeds (partition by sale) when division would be impractical or inequitable. The court balances interests and may award a sale when physical division would diminish value.
• If a co-owner sold an interest without consent, the purchasing party’s rights and whether the sale transferred the whole property or only a fractional interest will affect the partition remedy. A partition action can also sort out who has what share after conflicting transfers.
• See Nebraska statutes on partition actions (Neb. Rev. Stat. § 25-21,172 et seq.) for procedure and remedies: https://nebraskalegislature.gov/laws/statutes.php?statute=25-21,172

3) Quiet title and ejectment

• A quiet title action asks the court to declare who holds legal title and to remove competing claims. If the buyer’s title is defective or based on a forged deed, a successful quiet title judgment can restore title to the co-owners.
• Ejectment may be available to remove an occupying purchaser or occupant who is wrongfully possessory, but possession questions often run with separate procedural requirements.

4) Damages, accounting, and equitable relief

• If a co-owner violated a duty (for example, sold interests that legally belonged to the group, misapplied proceeds, or engaged in fraud), you may recover damages, an accounting of proceeds, and/or an injunction to prevent further transfer or to preserve property pending litigation.
• If the sale deprived you of distribution to which you were entitled (for example, proceeds from sale of tenancy-in-common interest), the court can order a monetary judgment against the wrongful seller or any recipient who participated in the wrongful conduct.

5) Defenses a buyer may raise and how they affect remedies

• A purchaser who paid value and recorded the deed may be protected as a good-faith purchaser depending on whether notice of an adverse claim existed. If the buyer took without actual or constructive notice of defects, certain claims may be limited.
• Timing matters. Challenges that come long after the sale may run into statutes of limitations or laches defenses; act promptly once you discover an improper transfer.

How to proceed — practical steps a co-owner should take in Nebraska

1. Gather documents: deed(s), title evidence, mortgage or lien records, written agreements between co-owners, correspondence, and records of any payment or partition efforts.
2. Check recorded instruments: inspect the county recorder’s records where the property is located to see the recorded deed and any subsequent documents.
3. Ask whether the buyer was a bona fide purchaser: identify the buyer and determine whether they recorded and whether they likely had constructive notice of your interest.
4. Consider immediate temporary relief: if the sale is imminent or proceeds are at risk, a court can sometimes issue temporary injunctive relief or an order preserving the status quo while the dispute is resolved.
5. Consult an attorney: a lawyer experienced in Nebraska real property and civil actions can evaluate whether to file a suit to set aside the deed, a partition action, quiet title, or other equitable claims.

Common fact patterns and likely outcomes (hypotheticals)

Hypothetical A — One tenant in common secretly signs a deed conveying the whole property to Buyer X. The deed is recorded. If Buyer X knew of the other co-owner’s interest and participated in a scheme, a Nebraska court can set aside the deed and return title to the rightful owners. If Buyer X paid fair value and had no notice, the court will examine whether the conveyance actually transferred only the selling co-owner’s fractional interest and whether partition or adjustment of shares is appropriate.

Hypothetical B — A deed contains a forged signature of Co-Owner B. A timely lawsuit to cancel the deed and quiet title is likely to succeed; forgery undermines title regardless of subsequent recording.

Key Nebraska legal references

• Partition actions and remedies: Neb. Rev. Stat. § 25-21,172 et seq. — https://nebraskalegislature.gov/laws/statutes.php?statute=25-21,172
• For general recording and real property provisions, see Nebraska Revised Statutes, Chapter 76 — https://nebraskalegislature.gov/laws/statutes.php?chapter=76

Helpful hints

• Act quickly. Many defenses and remedies weaken with delay or if third parties acquire interests in good faith.
• Get certified copies of deeds and the chain of title from the county recorder’s office as soon as possible.
• Look for written co-ownership agreements (cohabitation agreements, partition agreements, operating agreements for LLC-owned property) that may control rights and remedies.
• Consider temporary court orders to freeze proceeds or block further transfers until the dispute is decided.
• Remember the difference between legal ownership (title) and equitable interests (contributions to mortgage, taxes, improvements) — both can be relevant in court remedies.
• Preserve evidence of fraud, threats, forged signatures, or other misconduct; take photos, keep emails/texts, and record witnesses’ accounts.
• When possible, try negotiation or mediation first — courts often encourage resolving co-owner disputes without protracted litigation, but don’t delay if urgent injunctive relief is needed.

Disclaimer: This information is educational only and not legal advice. It does not create an attorney-client relationship. For advice about your specific situation under Nebraska law, consult a licensed Nebraska attorney promptly.