Disclaimer: This article is for general informational purposes only and is not legal advice. Consult a licensed Nebraska attorney about your specific situation before taking action.
Detailed Answer: What your lawyer will need to start a partition action in Nebraska
When you hire a lawyer to begin a partition action in Nebraska, the lawyer must be able to prove ownership, identify all co-owners and encumbrances, describe the property, and document any agreements or disputes among owners. Gathering clear, organized information and documents up front speeds the process, reduces costs, and improves the lawyer’s ability to advise you about strategy (partition in kind vs. sale, settlement, or alternative dispute resolution).
Below is a detailed list of the types of information and documents your lawyer will expect. I describe why each item matters and how it is used in court under Nebraska law (see Nebraska Revised Statutes, Chapter 25, Article 21 on partition actions: Neb. Rev. Stat., Chapter 25).
1) Proof of ownership and chain of title
- Deed(s) conveying the property to you and the co-owners. Provide copies of all recorded deeds (warranty deed, quitclaim deed, trustee’s deed, etc.). The lawyer uses these to prove ownership shares and to draft the complaint.
- Title report or preliminary title search, if you have one. If not, be prepared to authorize a title search. A title report shows liens, easements, mortgages, and other recorded interests that affect division or sale.
- Prior recorded instruments affecting title (deeds, affidavits, court orders, bankruptcy filings, judgments). These help establish history and any title defects.
2) Identification of all owners, parties, and interested persons
- Full legal names, current addresses, phone numbers, and email addresses for every co-owner shown on title.
- Names and contact info for lienholders, mortgagees, judgment creditors, trustees, or anyone with a recorded interest (banks, HOA, tax authority).
- Heirs, beneficiaries, trustees, or personal representatives if an owner is deceased or the property is held in a trust or estate. If an owner is deceased, bring the death certificate and probate documents (letters testamentary or letters of administration).
3) Description and evidence about the property
- Legal description from the deed (not just street address). Courts use the legal description to identify the parcel precisely.
- Survey, plot plan, or map of the property, if available. A current survey helps the court determine whether a property can be divided in kind and identifies boundary disputes.
- Parcel number(s) and assessor records (property tax statements). These confirm the parcel and current tax status.
4) Encumbrances, liens, and financial documents
- Mortgage documents and payoff statements.
- Judgments, tax liens, mechanic’s liens, or other recorded encumbrances.
- Copies of property tax bills and proof of payment (or records showing delinquency).
5) Agreements, contracts, and communications among owners
- Written co-ownership agreements, partition agreements, buy-sell agreements, or operating agreements (if property owned by LLC).
- Lease agreements (if property is rented), recent rent rolls, and records of rental income and expenses.
- Emails, texts, letters, or other communications that show requests to partition, offers to buy out other owners, or disputes about management or use.
6) Records of possession, improvements, and expenses
- Receipts, invoices, permits, and photos showing improvements, repairs, or maintenance. These documents help establish contributions by particular owners.
- Records showing who has occupied the property and when (utility bills, occupancy agreements).
- Insurance policies and claims history.
7) Court, probate, or bankruptcy records
- Any prior lawsuits involving the property, including prior partition attempts or quiet-title actions. Provide case numbers and copies of judgments or orders.
- Probate court records and trust documents if title involves an estate or trust.
- Bankruptcy filings for any owner, which can affect timing and service of a partition action.
8) Identification and authority documents
- Personal identification for each client (state ID or driver’s license).
- If someone else signs for you, a signed power of attorney or other written authorization.
9) Practical information and goals
- Explain what outcome you want: physical division, buyout, sale and division of proceeds, or negotiation/settlement.
- Note any time constraints, financial considerations (ability to pay costs), or safety concerns (e.g., hostile co-owner or occupancy issue).
How the court uses this information in Nebraska
Nebraska courts require accurate party lists and proper notice to join all persons with an interest in the property. The court may first determine whether the parcel can be fairly divided among owners (partition in kind). If a fair division is impossible or inequitable, the court will order a sale and distribute proceeds after paying liens and costs. Accurate title, lien, and survey information lets your lawyer draft a complete complaint, identify necessary defendants, and request the appropriate remedy under Nebraska law (see Neb. Rev. Stat., Chapter 25: Neb. Rev. Stat., Chapter 25).
Initial steps your lawyer will take once documents are provided
- Run a complete title search and identify all necessary parties to join.
- Order or review a recent survey and an appraisal to determine if partition in kind is feasible and to estimate values.
- Prepare and file the complaint for partition, with service on all interested parties and any lienholders.
- Request temporary relief if needed (exclusive possession, accounting for rents, or preservation of property).
Helpful Hints
- Organize documents before meeting your attorney: place deeds, mortgages, leases, and communications in one folder or scanned file. Clear labeling saves billable hours.
- Bring originals when possible; attorneys often need to review originals before filing certified copies.
- Obtain a recent title report or be ready to authorize a title company search. Many attorneys will not file until they have a title report.
- If you suspect boundary issues, get a current survey. Courts rely heavily on surveys when dividing land.
- Be transparent about disputed facts (undisclosed heirs, secret agreements, or unrecorded transfers). Surprises later increase costs and delay resolution.
- Keep good records of contributions (who paid taxes, mortgages, repairs). Courts account for payments and improvements when dividing proceeds.
- If owners are willing, consider mediation or negotiation before filing. Settlements avoid litigation costs and often produce better outcomes.
- Ask your lawyer for a checklist and estimated timeline and cost. Partition actions can be straightforward or complex depending on title issues and the number of parties.
If you are ready, gather the items above and schedule an initial consultation with a Nebraska attorney who handles real estate litigation and partition actions. Sharing complete documentation at the start lets your lawyer provide focused advice and estimate likely outcomes and costs.