What Steps Are Required to File a Court Petition to Partition Land Owned by Multiple Relatives in NE? | Nebraska Partition Actions | FastCounsel
NE Nebraska

What Steps Are Required to File a Court Petition to Partition Land Owned by Multiple Relatives in NE?

Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance.

Detailed Answer

In Nebraska, you can ask a court to partition real estate when co-owners disagree on property use or sale. Nebraska Revised Statutes §§25-2001 to 25-2022 govern partition actions. Below are the typical steps:

  1. Verify Ownership and Title: Review deeds and obtain a current title report to confirm each relative’s share as tenants in common.
  2. Attempt an Agreement: Contact relatives to negotiate a voluntary partition or buyout. Courts expect proof of a good-faith negotiation attempt.
  3. Draft the Petition: Prepare a written petition under Neb. Rev. Stat. §25-2001. The petition must:
    • Identify all co-owners by name and address
    • Describe the property and each owner’s interest
    • Explain why partition is necessary
    • Request partition in kind or sale
  4. File the Petition: Submit the petition and filing fee to the district court in the county where the land lies.
  5. Serve Process: Serve each co-owner with a copy of the petition and summons according to Nebraska civil procedure rules.
  6. Attend the Hearing: The court schedules a hearing. Present evidence of ownership and the need for partition. The judge may:
  7. Commissioner’s Role: If the court orders a sale, it appoints a commissioner to sell the property, receive bids, and report back to the court.
  8. Final Decree: After division or sale, the court issues a decree distributing ownership interests or proceeds to co-owners per their shares.

Helpful Hints

  • Gather deeds, surveys, and tax records early to support your petition.
  • Consider mediation or a buyout offer before filing to preserve family relationships.
  • Estimate potential legal, appraisal, and sale costs.
  • Keep communication lines open with co-owners to reduce conflict.
  • Consult an attorney to ensure proper procedure and compliance with deadlines.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.