How to start a partition action in Nebraska when co-owners can’t agree
Disclaimer: This article is for general informational purposes only and is not legal advice. If you need advice about your specific situation, consult a licensed Nebraska attorney.
Short answer
When co-owners of real estate in Nebraska cannot agree, a co-owner can ask the Nebraska district court to force a partition. The court can order the property divided (partition in kind) if it can be done fairly, or ordered sold and the proceeds divided (partition by sale) if division is impractical. Partition actions are governed by Nebraska law (see Neb. Rev. Stat. § 25-21,100 et seq.; see chapter 25 of the Nebraska Revised Statutes) and are filed in the district court for the county where the property is located.
Detailed answer — step by step
- Confirm ownership type and collect documents. Determine how the property is titled: tenants in common (each owner has a distinct share and can force partition) or joint tenants (joint tenancy may have survivorship, which can affect heirs). Gather the deed(s), mortgage and lien information, tax bills, title report (if available), surveys, leases, and any written agreements among owners.
- Try negotiation or mediation first. Courts often expect parties to try to resolve disputes before litigation. Consider offering a buyout, hiring a neutral appraiser, or using mediation. A negotiated resolution is usually faster and cheaper than a court-ordered sale.
- Prepare and file a complaint for partition in district court. If negotiation fails, file a complaint for partition in the Nebraska district court in the county where the property sits. The complaint should:
- Identify all parties with an interest in the property (all co-owners, lienholders, and known claimants);
- Describe the property (legal description or deed reference);
- State each plaintiff’s interest and what relief is sought (partition in kind or partition by sale); and
- Ask the court to determine rights, appoint commissioners if needed, and to divide or order sale and distribution of proceeds.
- Service of process and naming interested parties. You must serve the complaint on every person or entity with an ownership interest or lien on the property. If anyone is unknown or cannot be located, the court may allow service by publication or other methods.
- Preliminary court steps. The defendant(s) will answer. The court may schedule hearings, order an accounting of rents/expenses, and address requests for temporary relief (for example, to prevent waste, an unauthorized sale, or to preserve rental income). The court may appoint a receiver if necessary.
- Valuation and partition method. The court will determine whether the property can be physically divided fairly (partition in kind). If dividing the land would be impractical or inequitable, the court will order a sale and divide the proceeds. The court often appoints commissioners or referees to survey, value, and propose a division or sale.
- Address liens, mortgages, taxes, and costs. Liens and mortgages generally remain attached to the property. On sale, proceeds are used to pay liens in priority order, court costs, and expenses (including commissions and possibly attorney fees) before distribution to owners.
- Distribution of proceeds or conveyance of divided parcels. After costs and liens, the court distributes any remaining funds according to each owner’s legal share or issues deeds to divided parcels as ordered.
Key Nebraska legal references
Partition rules and procedures are found in Nebraska statutes concerning partition actions. See Neb. Rev. Stat. § 25-21,100 et seq. for the statutory framework (Nebraska Revised Statutes, Chapter 25). You can view the statutes and chapter index here: https://nebraskalegislature.gov/laws/browse-chapters.php?chapter=25. For court filing and district court information, see the Nebraska Judicial Branch district courts page: https://supremecourt.nebraska.gov/court-resources/district-courts.
Practical considerations and likely outcomes
- Timeline: Partition cases can take several months to over a year depending on complexity, title issues, and whether sale is required.
- Costs: Court fees, appraisal and survey costs, commissioner or referee fees, attorney fees, and sale costs can reduce net proceeds.
- Partition in kind vs. sale: Courts prefer dividing land when feasible. If physical division would reduce the value or be impractical, the court usually orders sale.
- Opposing claims: Expect claims from lienholders, tenants, or other claimants. Unresolved title disputes can prolong the case.
- Temporary orders: If a co-owner is destroying value (waste) or trying to sell the property without consent, ask the court for injunctive relief or a receiver to protect the estate.
Sample hypothetical (illustration)
Three neighbors own a former family farm as tenants in common. One wants to sell; the others want to keep it. After failed negotiations and a mediation that stalls, one co-owner files a partition complaint in the county district court where the farm sits. The court orders an appraisal and appoints commissioners. The appraisers find that dividing the farmland into three workable tracts would leave one owner with a sliver of unusable land, so the court orders sale and divides the proceeds after paying mortgage and liens, sale costs, and court expenses.
Helpful hints — what to do now
- Identify your title: Pull a copy of the deed from your county register of deeds or from a recent title report.
- Gather paperwork: deeds, mortgage statements, tax bills, leases, survey plats, insurance policies, and any written co-owner agreements.
- Get a current market appraisal or at least a broker opinion of value before filing to understand realistic outcomes.
- Talk to the other owners: A written buyout offer or structured settlement may avoid litigation.
- Consider mediation: Courts favor parties who attempt alternative dispute resolution.
- Preserve income and value: If the property produces rent or income, document receipts and expenses carefully; don’t squander or remove fixtures or crops that might be considered waste.
- Check liens: Run a title search to identify mortgages, mechanic’s liens, tax liens, or judgments that may affect proceeds.
- Ask an attorney these questions: potential timeline, estimated costs, fee structure, likelihood of partition in kind vs. sale, and strategies to protect your share.
- Tax & financial planning: A forced sale may have capital gains tax implications. Consult a tax professional before final sale.
How an attorney can help
An attorney can help prepare the complaint, identify all necessary parties, handle service, request urgent protections (receiverships or injunctions), negotiate buyouts, manage title complications and liens, advise on tax consequences, and present valuation evidence at hearings. If you choose to litigate, an attorney experienced in Nebraska real estate and partition litigation can guide strategy to protect your legal and financial interests.