The judgment of partition shall be presumptive evidence of title in all cases, and as between the parties themselves it is conclusive evidence thereof, subject, however, to be defeated by proof of a title paramount to, or independent of, that under which the parties held as joint tenants or tenants in common.
§ 25-21,107.Judgment of partition; effect.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section makes a Nebraska partition judgment presumptive evidence of title generally, and conclusive evidence between the parties themselves, unless someone proves a title superior to or independent of the joint or common ownership on which the partition rested.
Full Text of § 25-21,107
Source
R.S.1867, Code § 840, p. 541; R.S.1913, § 8323; C.S.1922, § 9275; C.S.1929, § 20-21,107; R.S.1943, § 25-21,107.
Plain-English Summary
A partition judgment does more than split up land or proceeds; it also carries weight as proof of who owns what. Section 25-21,107 gives the judgment presumptive-evidence status in general, meaning anyone relying on it gets the benefit of the doubt about title unless someone shows otherwise.
Between the parties who litigated the partition, the judgment carries more force still: conclusive evidence of title, a considerably stronger presumption the parties themselves cannot easily walk back.
Even conclusive evidence has a limit. The section lets anyone defeat the judgment’s effect by proving a title paramount to, or independent of, the joint tenancy or tenancy in common the partition was based on. If someone held a superior claim that predates or stands apart from the shared ownership the partition case assumed, that claim survives the partition judgment.
Frequently Asked Questions
How much weight does a Nebraska partition judgment carry as proof of title?
It is presumptive evidence of title generally, and conclusive evidence of title between the parties to the case.
Can a partition judgment ever be overcome on the question of title?
Yes, by proof of a title paramount to, or independent of, the joint tenancy or tenancy in common the partition proceeding was based on.
What is the difference between “presumptive” and “conclusive” evidence here?
Presumptive evidence can be outweighed by contrary proof; conclusive evidence, which applies as between the parties themselves, is harder to dislodge, though the paramount-title exception still applies.
Does this section protect someone who never had an interest in the shared ownership at all?
Yes. A title paramount to, or independent of, the tenancy in common or joint tenancy underlying the partition is not cut off by the partition judgment.
Who benefits most from this section?
Parties and third persons who rely on a completed partition judgment as evidence of ownership, subject to the paramount-title exception the section preserves.
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
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