Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance.
Detailed Answer
In Nebraska, you can ask a court to partition real estate when co-owners disagree on property use or sale. Nebraska Revised Statutes §§25-2001 to 25-2022 govern partition actions. Below are the typical steps:
- Verify Ownership and Title: Review deeds and obtain a current title report to confirm each relative’s share as tenants in common.
- Attempt an Agreement: Contact relatives to negotiate a voluntary partition or buyout. Courts expect proof of a good-faith negotiation attempt.
- Draft the Petition: Prepare a written petition under Neb. Rev. Stat. §25-2001. The petition must:
- Identify all co-owners by name and address
- Describe the property and each owner’s interest
- Explain why partition is necessary
- Request partition in kind or sale
- File the Petition: Submit the petition and filing fee to the district court in the county where the land lies.
- Serve Process: Serve each co-owner with a copy of the petition and summons according to Nebraska civil procedure rules.
- Attend the Hearing: The court schedules a hearing. Present evidence of ownership and the need for partition. The judge may:
- Award partition in kind (physical division)
- Order a sale and divide proceeds (Neb. Rev. Stat. §25-2022)
- Commissioner’s Role: If the court orders a sale, it appoints a commissioner to sell the property, receive bids, and report back to the court.
- Final Decree: After division or sale, the court issues a decree distributing ownership interests or proceeds to co-owners per their shares.
Helpful Hints
- Gather deeds, surveys, and tax records early to support your petition.
- Consider mediation or a buyout offer before filing to preserve family relationships.
- Estimate potential legal, appraisal, and sale costs.
- Keep communication lines open with co-owners to reduce conflict.
- Consult an attorney to ensure proper procedure and compliance with deadlines.