Solving Ownership Standoffs with a Nebraska Partition Action
When joint owners cannot agree whether to keep or sell their property, a Nebraska partition action provides a way out. This legal procedure is used to end a co-ownership relationship.
Under Chapter 25, Article 21, any person who owns land as a tenant in common or joint tenant has the right to ask the court to divide the asset.
Physical Split vs. Forced Sale
Nebraska courts prefer partition in kind, which is also known as the physical division of land. However, the court must decide if this is possible without ruining the property’s value or being unfair to the owners.
How the Court Uses a Referee
A defining part of a Nebraska partition action is the court-appointed Referee. This neutral official inspects the land to see if it can be split fairly. If the Referee reports that a physical split is prejudicial, meaning it would lower the property’s total value, the court will order a partition by sale. This is often a public auction where the property is sold.
Agricultural Land and Productivity
Nebraska is an agricultural powerhouse, and many cases involve large farms. The court and the Referee must consider whether splitting a farm would make the resulting pieces impossible to farm efficiently. If a physical split hurts the land’s utility, a sale is much more likely.
The Final Accounting
The proceeds from a Nebraska partition action are not always split exactly 50/50. The court conducts an “equitable accounting” to ensure checks are fair. You can ask for credits for the money you spent on:
- Property taxes and insurance.
- Necessary repairs.
- Major improvements that increased the sale price.
Legal Costs and Professional Fees
Under Nebraska Revised Statutes § 25-21,108, the court may award attorney and referee fees as taxable costs. If the plaintiff accurately pleads all interests, the court typically awards the total attorney fee to the plaintiff’s counsel from the sale proceeds. This shares the legal costs for work that benefits every owner.
In “amicable” cases, these fees are routinely shifted. However, in heavily contested disputes, the court may require each party to pay its own counsel. Regardless of the legal dispute, the referee’s fee is mandatory.
If you are locked in a dispute over shared property, a Nebraska partition action is your tool for financial independence. Speak with an attorney about filing a partition action today.
