When partition can be conveniently made of part of the premises, but not of all,
one portion may be partitioned and the other sold as hereinafter provided.
§ 25-21,103.Partition in part; remaining portion; sale.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section allows a Nebraska court to split the difference when only some of the land can be conveniently divided among the owners, partitioning that portion in kind while directing the rest to be sold under the article’s sale provisions.
Full Text of § 25-21,103
Source
R.S.1867, Code § 836, p. 541; R.S.1913, § 8319; C.S.1922, § 9271; C.S.1929, § 20-21,103; R.S.1943, § 25-21,103.
Plain-English Summary
Partition does not have to be all-or-nothing. Section 25-21,103 recognizes that a tract of land might lend itself to physical division in part but not in whole — one section of the property might split cleanly among the owners while the rest does not. When partition can be conveniently made of part of the premises, but not all of it, the statute allows exactly that split approach.
One portion gets partitioned the way the rest of this article describes, while the other portion is sold under the sale provisions set out elsewhere in the article. This flexibility spares the parties from being forced into either a purely physical division that does not work for the whole tract, or a full sale that ignores parts of the land where dividing it in kind would have worked fine.
Frequently Asked Questions
Does a Nebraska court have to choose between dividing all the land or selling all of it?
No. This section allows a mixed approach when only part of the premises can be conveniently partitioned.
What happens to the portion that cannot be conveniently divided?
It is sold under the sale provisions described elsewhere in this article.
What happens to the portion that can be divided?
It is partitioned in the manner the rest of the article sets out, including marking shares by visible monuments and reporting them to the court.
Who decides which portions can be conveniently partitioned and which should be sold?
That determination flows from the referees’ reports and the court’s review of them, consistent with the process this article describes.
Does splitting the case this way require separate reports for the partitioned portion and the sold portion?
The statute does not specify separate reporting mechanics beyond directing that one portion be partitioned and the other sold as provided elsewhere in the article; the general reporting requirements for each process apply.
Why would a court choose this mixed approach instead of a single method for the whole tract?
It fits the reality that some parcels split naturally among owners in value and use, while others do not, letting the court match the method to what the land itself allows.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: partition in part nebraskapartly divided partly sold landmixed partition and saleconveniently partitioned portionremaining portion sold partition