Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
In Nebraska, spouses who jointly own real property as tenants in common or joint tenants may file a partition action even if they are separated but not yet divorced. A partition action forces the sale or physical division of real estate co-owned by two or more parties. Key points under Nebraska law include:
- Right to Partition: Under Neb. Rev. Stat. § 33-1702, any co-owner may petition the county court (or district court, depending on value) to divide the property. Neb. Rev. Stat. § 33-1702.
- Procedure: The petitioner files a verified complaint describing the property, the nature of the parties’ interests, and a request for partition. The court then appoints commissioners to survey and propose a division or, if physical division is impractical, order a sale and distribute proceeds.
- Effect on Divorce Property Division: Once you start a divorce, Nebraska courts value and distribute marital assets under equitable distribution (Neb. Rev. Stat. § 42-365). If you partition property before divorce, the result may become part of the overall marital estate and could affect the final division of assets and debts.
- Personal Property: Nebraska’s partition statutes primarily address real estate. For joint ownership of personal property (vehicles, bank accounts, etc.), spouses generally negotiate transfers or seek court orders in the divorce proceeding.
- Considerations: Filing for partition before divorce can complicate negotiations and may trigger temporary restraining orders in family court. Always weigh the pros and cons before proceeding.
Helpful Hints
- Review your deed or title: Confirm how you and your spouse hold title (joint tenancy vs. tenancy in common).
- Gather documentation: Collect deeds, surveys, mortgage statements, tax records, and correspondence regarding the property.
- Evaluate costs: Be aware of court filing fees, surveyor or appraiser fees, and potential attorney’s fees.
- Consider mediation: A neutral mediator can help spouses agree on property division without court intervention.
- Understand timing: Partition before divorce may speed up resolution of that parcel but can impact the overall divorce settlement.
- Seek local advice: County court rules and procedures vary; consult an attorney familiar with your county’s practice.
- Think long-term: A forced sale may yield less favorable market timing compared to negotiating a buyout or settlement plan during divorce.