Detailed Answer

Short answer: Yes — under Nebraska law, a co-owner can ask a court to force the sale of real property through a partition action when other co-owners refuse to sell. The court can either divide the property (partition in kind) or order the property sold and distribute the proceeds (partition by sale) if physical division is impracticable or unfair.

Who can force a sale?

Any person who holds an ownership interest in the real property (for example, tenants in common or co-owners) generally can file a partition action. If the property title is held as joint tenancy with right of survivorship, rights may differ on survivorship, but remaining joint owners still have remedies to partition in many circumstances.

Where and how do you start?

You start by filing a civil action called an action for partition in the appropriate Nebraska court (typically district court). The complaint names all co-owners and describes the property and each owner’s claimed share. The court will give co-owners a chance to respond.

What remedies can the court order?

• Partition in kind: The court may physically divide the land so each owner receives a separate portion proportionate to their ownership share. This is favored when division is practical and fair.
• Partition by sale: If physical division is impractical, would materially prejudice owners, or cannot reasonably provide equal shares (for example, a single-family home on one lot), the court can order a sale. The court typically appoints a commissioner or referee to sell the property and then distributes net proceeds according to ownership shares after paying liens, expenses, and court-ordered costs.

What factors influence whether the court orders a sale?

Courts focus on practicality and fairness. Factors include:

• Whether the land can be physically divided without substantially reducing value.
• Whether division would be inequitable because of improvements or unusual shape.
• Existing encumbrances, mortgages, or liens that complicate dividing title.
• Financial hardship or special equities such as one co-owner having paid most expenses or made improvements (the court can adjust distributions to reflect contributions).

Can a co-owner buy out the others?

Yes. Parties often negotiate a buyout: one co-owner pays others their shares and takes full title. Courts may encourage buyouts before ordering a sale. If the court orders a sale, it sometimes gives co-owners a right to purchase the property at the sale price (or makes other equitable arrangements).

How are costs, liens, and improvements handled?

The court normally requires payment of mortgages, liens, taxes, and sale costs from proceeds before dividing the remainder. If a co-owner paid more than their share of necessary expenses (taxes, mortgage payments, repairs), the court can account for those payments and adjust distributions to reflect reimbursements or credits.

Special situations that affect a partition action

• If the property is part of a trust, estate, LLC, or corporation, the ability to force a sale may depend on the entity’s governing documents and other laws.
• If a co-owner claims a homestead exemption or other statutory protection, that can affect the process and timing of a forced sale.
• If minors or incapacitated persons own an interest, the court will apply additional protections before approving a sale or distribution.

Practical timeline and what to expect

Partition actions vary in length. Simple cases that settle or allow an easy division can take a few months. Contested cases where the court must appoint commissioners, hold hearings about valuations, or manage complex liens can take much longer. The court will supervise the sale and distribution of proceeds if it orders a sale.

Where to read the statutes and learn more

Nebraska’s laws that govern civil actions and remedies (including partition actions) appear in the Nebraska Revised Statutes. For primary statutory language, visit the Nebraska Legislature’s statutes index and search for partition-related provisions: Nebraska Revised Statutes (Nebraska Legislature). For procedural rules and local practice, consult the Nebraska court rules and the district court clerk in the county where the property sits.

Bottom line: If some family members want to sell and others refuse, a co-owner generally can file a partition action in Nebraska to force a sale or divide the property. Courts prefer division when fair and practical but will order a sale when division is impractical or would be unfair.

Disclaimer: This information explains general legal principles only and is not legal advice. Laws change and facts matter. Consult a licensed Nebraska attorney to get advice tailored to your situation.

Helpful Hints

• Try negotiation first: offer a buyout, propose mediation, or ask a neutral appraiser to set a fair value. Courts like parties to resolve disputes when possible.
• Document contributions: keep records of mortgage, tax, insurance, and repair payments; courts consider these when dividing proceeds.
• Check title: confirm how the property is titled (tenancy in common, joint tenancy, trust, LLC), since title form affects remedies and procedure.
• Consider liens and mortgages early: unpaid liens can make a sale necessary and will affect net proceeds to owners.
• Expect costs: filing fees, appraisal costs, possible commissioner fees, and attorney fees can reduce the net sale proceeds; sometimes courts award fees based on equities in the case.
• Ask about alternative dispute resolution: mediation or arbitration can be faster and cheaper than litigation and preserve family relationships.
• Talk to a local attorney: a Nebraska attorney experienced in real property and partition actions can explain likely outcomes, prepare pleadings, and negotiate or litigate on your behalf.