Can I force the sale of a property when a co-owner refuses further mediation?

Short answer: Under Nebraska law you can ask a court to force a sale by filing a partition action. The court can order the property divided if possible (partition in kind) or, if division is impractical, order the property sold and the proceeds divided among the co-owners after paying liens and costs. See Nebraska statutes on partition (Chapter 25, Article 21) for the statutory framework: Nebraska Revised Statutes, Chapter 25.

Detailed answer — how a forced sale works in Nebraska

1. What a partition action is

A partition action is a civil lawsuit that asks the court to divide or sell real property that two or more people own together (co-tenants). You or your attorney files a complaint naming all owners and any parties with legal interests (mortgages, judgment liens, etc.). The court’s goal is to fairly resolve ownership and distribute value.

2. Where to file and who to name

File the partition action in the court that has jurisdiction where the property is located. Include every record owner and any lienholders or persons with a recorded interest — missing parties can complicate or void a sale later. If you aren’t sure who has an interest, a title search or an attorney can help identify parties to name.

3. Partition in kind vs. partition by sale

The court first considers whether the property can be physically divided (partition in kind). If fair division is not practicable or would damage the property’s value, the court will usually order a partition by sale. In a sale, the court either appoints a commissioner or authorizes a sheriff or other officer to sell the property, generally by public auction, and then the proceeds are divided by ownership share after paying liens, taxes, and sale-related costs.

4. What happens after you file

Service and response: The co-owner(s) and lienholders are served and may contest the petition.
Discovery / valuation: The court may order appraisals, title review, or other discovery to determine value and whether in-kind partition is feasible.
Hearing and order: The court decides whether to divide the land or order sale. If sale is ordered, the court appoints a commissioner or sets sale procedures.
Sale and distribution: The property is sold according to court directions (often public auction), liens and costs are paid, and net proceeds are distributed based on each owner’s share.

5. Timeline and costs

Timelines vary. Partition actions include pleadings, service, valuation, and possible appeals — expect months, not days. Court costs, appraisals, commissioner fees, and attorneys’ fees reduce the net proceeds. In some situations, courts may award attorney fees or costs against a party who acted unreasonably, but that depends on the case facts and judicial discretion.

6. What if the co-owner refuses mediation?

Refusing mediation does not prevent you from filing a partition action. Courts may encourage or order alternative dispute resolution, but refusal is not a defense to partition. If a co-owner refuses mediation but objects in court, the court will rule on the legal issues and proceed with partition if appropriate.

7. Alternatives to a forced sale

Buyout: Offer an agreed buyout where one owner purchases the other owner’s interest at an appraised fair market value.
Settlement agreement: Negotiate or use a neutral appraisal process to set a buyout price or other arrangement.
Lease or rent arrangement: Agree to rent/share income and divide proceeds while maintaining ownership.

8. Practical considerations specific to Nebraska

Title and liens: A mortgage or judgment lien attached to the property will generally be paid from sale proceeds. Make sure to identify lienholders early.
Occupancy and repairs: Disputes over occupancy, repairs, or who pays taxes and insurance often arise while a partition case is pending — document expenses and payments carefully, and ask the court to account for them if necessary.
Tax consequences: A forced sale can produce capital gains or other tax consequences. Consult a tax advisor about potential liabilities.

Helpful hints — preparing to force a sale

Collect key documents: deed, mortgage statements, tax records, insurance policies, prior agreements, and any written offers or communications about buyouts.
Get a professional appraisal: A neutral market valuation strengthens your case and helps gauge offers.
Perform a title search early: Identify all owners and lienholders so they can be properly named in a partition complaint.
Consider negotiating first: A written buyout offer or mediation (even if previously refused) can avoid litigation costs.
Estimate net proceeds: Subtract expected liens, closing costs, commissions, and legal fees from the property’s market value to set realistic expectations.
Talk to an attorney experienced in Nebraska real property law: Partition procedure and local practice can affect strategy and outcomes.

Where to read Nebraska law: For the statutory framework on partition, see Nebraska Revised Statutes, Chapter 25 (partition statutes and related civil procedure rules): https://nebraskalegislature.gov/laws/statutes.php?chapter=25.

Next steps

If you want to move forward: 1) gather the documents listed above; 2) consider a current appraisal and title search; 3) consult a Nebraska attorney who regularly handles partition actions to review your facts and file a partition complaint if appropriate.

Disclaimer: This article explains general Nebraska law for educational purposes only. It is not legal advice, does not create an attorney-client relationship, and may not apply to your specific situation. Consult a licensed Nebraska attorney before taking legal action.