Partition Action Complaint - Nebraska

NEBRASKA PARTITION ACTION — COMPLAINT FOR PARTITION OF REAL ESTATE

PART 1 — VERIFIED COMPLAINT FOR PARTITION

IN THE DISTRICT COURT OF [____________________] COUNTY, NEBRASKA

Case No.: [____________________]

COMPLAINT FOR PARTITION
(Neb. Rev. Stat. § 25-2170 et seq.)

Plaintiff [PLAINTIFF NAME], for the cause of action against Defendants, alleges and states:

I. PARTIES

1. Plaintiff [PLAINTIFF NAME] is an individual / [entity type] residing at / with a principal place of business at [____________________________________].

2. Defendant [DEFENDANT NAME] is, upon information and belief, an individual / [entity type] residing at / with an address of [____________________________________].

3. ☐ Additional Defendant [DEFENDANT NAME] is [____________________________________].

4. Pursuant to Neb. Rev. Stat. § 25-21,113, Defendants whose real names are unknown to Plaintiff and who may have or claim any interest in the real estate are joined and designated as "all persons having or claiming any interest in [the real estate], real names unknown."

II. JURISDICTION AND VENUE

5. This Court has subject-matter jurisdiction over this partition action pursuant to Neb. Rev. Stat. § 25-2170 and the equity jurisdiction of the District Court.

6. Venue is proper in [____________________] County pursuant to Neb. Rev. Stat. § 25-401 because the real estate that is the subject of this action is situated in this County.

III. THE REAL ESTATE

7. This action concerns the real estate located in [____________________] County, Nebraska, commonly known as:

Street Address: [____________________________________]
City: [____________________], Nebraska [__________]
Parcel / Tax ID No.: [____________________________________]

8. The legal description of the real estate is:

☐ See Exhibit A (legal description), attached and incorporated by reference.

☐ [____________________________________________________________]

IV. INTERESTS AND ESTATES OF THE JOINT OWNERS

9. The real estate is held by the parties as:

☐ Tenants in common, pursuant to that certain [deed / decree of distribution / instrument] dated [__/__/____], recorded [__/__/____] as Instrument No. [_______________] in the office of the Register of Deeds of [____________________] County, Nebraska.

☐ Joint tenants with right of survivorship.

☐ Other: [____________________________________].

10. The several interests and estates of the joint owners in the real estate are as follows:

11. ☐ The following liens or encumbrances of record affect the real estate, and the holders are joined as required by Neb. Rev. Stat. § 25-2175: [____________________________________].

V. RIGHT TO COMPEL PARTITION

12. Pursuant to Neb. Rev. Stat. § 25-2170.01, any joint owner of real estate may compel a partition thereof in the manner provided in §§ 25-2170 to 25-21,111.

13. Plaintiff, as a [tenant in common / joint tenant] holding an undivided interest in the real estate, has an absolute right to partition, there being no agreement or other impediment to the contrary.

14. Plaintiff and Defendants cannot agree upon the use, management, or disposition of the real estate, and Plaintiff no longer wishes to hold the real estate in cotenancy.

VI. MANNER OF PARTITION — IN KIND OR BY SALE

15. ☐ Partition in kind. The real estate can be divided in kind among the joint owners according to their respective interests without great prejudice to the owners, and Plaintiff requests that referees be appointed to make such partition.

16. ☐ Partition by sale. The real estate is so situated that partition in kind cannot be made without great prejudice to the owners because [single-family residence / indivisible parcel / improvements / character and location]: [____________________________________]. If the referees so report under Neb. Rev. Stat. § 25-2181, Plaintiff requests that the Court order a sale of the premises and a division of the net proceeds according to the parties' respective interests pursuant to Neb. Rev. Stat. § 25-2183.

VII. ACCOUNTING AMONG COTENANTS

17. In connection with the partition, Plaintiff requests an accounting and equitable adjustment of the following items among the joint owners, to be charged or credited against each owner's share of the real estate or sale proceeds:

a. ☐ Payments of real estate taxes advanced by an owner: $[____________];
b. ☐ Mortgage principal, interest, and escrow payments advanced by an owner: $[____________];
c. ☐ Insurance premiums advanced by an owner: $[____________];
d. ☐ Reasonable and necessary repairs, maintenance, and improvements that enhanced the value of the real estate: $[____________];
e. ☐ Rents, profits, or reasonable rental value collected or owed by an owner in sole or exclusive possession (including offsets for ouster of a cotenant): $[____________];
f. ☐ Owelty (equalizing payment) necessary to make an in-kind partition just and proportionate to the parties' interests: $[____________];
g. ☐ Other: [____________________________________].

18. Plaintiff requests that the Court determine these contributions and offsets and adjust the parties' shares accordingly.

VIII. APPOINTMENT OF REFEREES

19. Plaintiff requests that, upon judgment directing partition under Neb. Rev. Stat. § 25-2179, the Court appoint referees pursuant to Neb. Rev. Stat. § 25-2178 to make the partition in kind, or, if partition cannot be made without great prejudice, to so report under § 25-2181, whereupon the Court may order a sale under § 25-2183.

IX. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that the Court:

A. Ascertain and determine the respective interests and estates of all parties in the real estate;

B. Enter judgment directing partition of the real estate pursuant to Neb. Rev. Stat. § 25-2179 and appoint referees pursuant to § 25-2178;

C. Order partition in kind among the joint owners according to their respective interests if partition can be made without great prejudice to the owners;

D. If the referees report under § 25-2181 that partition cannot be made without great prejudice, order a sale of the premises and a division of the net proceeds according to the parties' respective interests pursuant to § 25-2183;

E. Order an accounting among the joint owners for taxes, mortgage payments, insurance, improvements, rents and reasonable rental value (including ouster offsets), and owelty, and charge or credit each owner's share accordingly;

F. Determine and tax as costs a reasonable attorney's fee and a reasonable referee's fee, and apportion costs among the parties as provided in Neb. Rev. Stat. § 25-21,108; and

G. Grant such other and further relief as the Court deems just and equitable.

Dated: [__/__/____]

Respectfully submitted,

[____________________________________]
[ATTORNEY NAME]
Nebraska Bar No.: [__________]
[FIRM NAME]
[Address]
[Phone] | [Email]
Attorney for Plaintiff

PART 2 — VERIFICATION

STATE OF NEBRASKA
COUNTY OF [____________________]

I, [PLAINTIFF NAME], of lawful age, being first duly sworn, depose and state: I am the Plaintiff in the above-captioned action; I have read the foregoing Complaint for Partition; and the matters and facts stated therein are true and correct to the best of my knowledge, information, and belief.

[____________________________________]
[PLAINTIFF NAME]

SUBSCRIBED AND SWORN to before me this [__] day of [__________], 20[__].

[____________________________________]
Notary Public
My Commission Expires: [__/__/____]

PART 3 — CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Complaint for Partition was served upon the following parties by the method indicated:

[____________________________________]
[ATTORNEY NAME / SERVER]

PART 4 — EXHIBIT INDEX

SOURCES AND REFERENCES

• Neb. Rev. Stat. § 25-2170 (Complaint for partition; parties; allegations): https://nebraskalegislature.gov/laws/statutes.php?statute=25-2170
• Neb. Rev. Stat. § 25-2170.01 (Who may compel partition): https://law.justia.com/codes/nebraska/chapter-25/statute-25-2170-01/
• Neb. Rev. Stat. § 25-2181 (Report of referees; great prejudice): https://nebraskalegislature.gov/laws/statutes.php?statute=25-2181
• Neb. Rev. Stat. § 25-21,108 (Fees and costs; attorney's and referee's fees): https://nebraskalegislature.gov/laws/statutes.php?statute=25-21,108
• Nebraska Revised Statutes Chapter 25 (Courts; Civil Procedure): https://law.justia.com/codes/nebraska/chapter-25/

END OF NEBRASKA PARTITION ACTION TEMPLATE