Detailed Answer
In Nebraska, co-owners of real estate who cannot agree on use or division may file a partition action in the district court to force sale of the property. Under Neb. Rev. Stat. § 25-21,149 (https://nebraskalegislature.gov/laws/statutes.php?statute=25-21,149), any person with an undivided interest in land may petition the county or district court in the county where the property lies. The petition names all co-owners and describes each owner’s interest.
Once the petition is filed and served, the court assesses whether the property can be practically divided among the owners (partition in kind). Under Neb. Rev. Stat. § 25-21,150 (https://nebraskalegislature.gov/laws/statutes.php?statute=25-21,150), if physical division would significantly reduce value or is impractical, the court orders a sale. The court appoints commissioners to appraise the property, advertise and conduct a public sale, similar to sheriff’s sale procedures.
After sale, the commissioners file a report of sale and proceeds. The court then confirms the sale unless timely objections arise. Net proceeds are divided among owners according to their respective interests, after deducting sale costs, commissions and court expenses (see Neb. Rev. Stat. §§ 25-21,151 to 25-21,156).
Key Steps in a Partition Sale:
- File petition in district court under Neb. Rev. Stat. § 25-21,149.
- Serve all co-owners and respond to any objections or cross-petitions.
- Court determines if partition in kind is feasible; if not, orders sale (Neb. Rev. Stat. § 25-21,150).
- Commissioners appraise, advertise, and sell the property at public auction.
- Commissioners report sale results; court confirms sale and directs distribution of proceeds.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice regarding your specific situation.
Helpful Hints
- Identify all co-owners and verify legal descriptions in deeds.
- Consider whether a negotiated sale or buyout might save costs.
- Gather property appraisals and cost estimates for partition vs. sale.
- Be prepared to cover court filing fees and commissioner fees.
- Act promptly: partition actions can be delayed by disputes over procedure or valuation.
- Consult a Nebraska real estate attorney to guide you through procedural requirements.