Detailed Answer — What you need to know and do

This section explains the normal sequence and legal framework for forcing a division or sale of residential or other real property owned jointly when one owner refuses to cooperate. This is educational information only and not legal advice.

1. Confirm the type of ownership and your rights

Find out whether you and the other owner(s) hold title as tenants in common, joint tenants, or under some other arrangement. In Nebraska, any co-owner with an ownership interest generally has a right to seek partition of the property. Gather these documents:

• Deed(s) showing how title is held.
• Mortgage statements, liens, and judgment records affecting the property.
• Any written agreements between owners (buy-sell, operating agreements, or leases).

2. Try to resolve the dispute without court

Courts expect parties to try reasonable alternatives first. Consider:

• Direct negotiation or mediation to buy out the other owner or reach an agreed sale.
• Using a neutral mediator experienced in real estate disputes.

If these fail because the co-owner refuses to participate or refuses reasonable offers, you can file a partition action in district court.

3. Where to file and basic jurisdictional points

File a partition complaint in the Nebraska district court for the county where the property is located. District courts handle real-property partition cases in Nebraska. For general court information see the Nebraska Judicial Branch: Nebraska District Courts.

4. What the complaint should include

A typical partition complaint will:

• Name all record owners and other parties with a claim (e.g., lienholders).
• Describe the property by legal description or attach the deed.
• Allege each plaintiff’s interest and the reason partition is necessary.
• Ask the court to partition the property in kind if reasonably practicable, or to order a sale and distribute proceeds, and to determine liens and costs.
• Request appointment of commissioners or a referee if required to perform valuation or physical division.

5. Service, response, and early motions

After filing, you must properly serve all defendants (co-owners and lienholders). They will have a set time to answer. Expect motions such as requests for temporary relief (e.g., injunctions to prevent waste or unauthorized sale) or disputes about proper parties.

6. Partition in kind vs. partition by sale

The court prefers partition in kind (physically dividing land) when it is practicable and will not unfairly harm any owner. If dividing the parcel is infeasible or inequitable (common for homes or single-lot properties), the court will usually order a sale and divide net proceeds among the owners according to interest, after paying liens, costs, and permitted allowances.

7. Valuation, commissioners, and sale procedure

The court may appoint commissioners or a referee to: inspect the property, prepare a valuation, and propose a division. If the court orders sale, sale procedures normally include public auction or sheriff’s sale under court direction. The court will supervise distribution of the sale proceeds, subtracting mortgages, liens, taxes, and approved costs.

8. Priority of liens and mortgages

Mortgages and other valid liens must be paid from sale proceeds in their order of priority. The partition action does not remove lienholder rights; the buyer at sale typically takes the property subject to any surviving liens unless the sale clears them by paying them off.

9. Costs, attorney fees, and timing

Costs include court filing fees, service fees, appraisal or commissioner fees, and attorneys’ fees if allowed by agreement or statute. Timing varies widely: simple consensual partitions can take a few months; contested partitions with discovery, valuation disputes, or appeals can take a year or longer.

10. Possible outcomes and enforcement

Outcomes include:

• Partition in kind with new parcels issued to owners.
• Court-ordered sale and distribution of net proceeds.
• Buyout of one owner by another with court approval.

After the court’s order, the county recorder’s office will record whatever deed or order is necessary to effect the division or sale.

Statutory authority

Nebraska law governs partition actions through the Nebraska Revised Statutes. See the statutes governing partition actions and court procedures at the Nebraska Legislature website: Nebraska Revised Statutes (searchable). For the specific provisions on partition actions, search the statutes for “partition” or review the civil procedure statutes applicable to real-property actions.

Helpful Hints

• Gather documents first: deed, mortgage, surveys, previous settlement statements, tax records, and any written owner agreements.
• Try mediation before filing. Courts often view mediation favorably and it can save money and time.
• Preserve the property. Avoid actions that could be seen as waste (e.g., removing fixtures without agreement) while litigation is pending.
• Expect the court to consider fairness and practicality when choosing between division and sale.
• Include all people and entities with recorded interests in the property in the lawsuit so the court can clear title and distribute proceeds cleanly.
• Ask the clerk about local filing requirements and fees. District court clerks can provide procedural guidance, but not legal advice. See Nebraska district courts: supremecourt.nebraska.gov/courts/district-courts.
• Consider a title search before filing to identify lienholders and avoid missed parties.
• If you are low on funds, check whether limited-scope representation or legal aid may be available for your situation.