Persons having contingent interests in such property may be made parties to the proceedings, and the proceeds of the property so situated (or the property itself, in case of partition) shall be subject to the order of the court until the right becomes fully vested.
§ 25-21,110.Holders of contingent interests; rights; joinder in action.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section allows people with contingent, not-yet-vested interests in property under partition to be joined as parties, and keeps the proceeds or the property itself subject to court control until those interests vest.
Full Text of § 25-21,110
Source
R.S.1867, Code § 843, p. 542; R.S.1913, § 8326; C.S.1922, § 9278; C.S.1929, § 20-21,110; R.S.1943, § 25-21,110.
Plain-English Summary
Some interests in property are not settled yet, a right that depends on an event that has not happened, like surviving another person or a condition being met. Section 25-21,110 lets holders of those contingent interests be made parties to a partition proceeding, rather than being left out because their claim has not fully matured.
Because a contingent interest has not vested, the section keeps the relevant proceeds, or the property itself if it is being divided rather than sold, under the court’s continuing control. That protection stays in place until the contingent right becomes fully vested, so the person who eventually qualifies still has something to claim.
Frequently Asked Questions
Can someone with a contingent interest be brought into a Nebraska partition case?
Yes. Section 25-21,110 allows persons with contingent interests in the property to be made parties to the proceedings.
What happens to the property or proceeds tied to a contingent interest?
They stay subject to the order of the court until the contingent right becomes fully vested.
What is a contingent interest?
An interest that depends on some future event or condition rather than one already fixed, so the holder’s claim has not yet matured into a vested right.
Does this section apply when the property is divided rather than sold?
Yes. It covers both the property itself, in case of partition, and the proceeds, in case of a sale.
Why does the court keep control over the property or proceeds instead of distributing them right away?
Because the contingent interest has not vested, distributing everything right away could leave the eventual rightful claimant with nothing once the interest matures.
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: contingent interest partition nebraskafuture interest joined as party partitionproperty held pending vested rightnebraska partition contingent remainder interest