The ascertained share of any absent owner shall be retained, or the proceeds invested for his benefit.
§ 25-21,111.Share of absent owner; how conserved.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section requires that the share belonging to an absent owner in a Nebraska partition case be held back or invested for that owner’s benefit rather than distributed.
Full Text of § 25-21,111
Source
R.S.1867, Code § 844, p. 542; R.S.1913, § 8327; C.S.1922, § 9279; C.S.1929, § 20-21,111; R.S.1943, § 25-21,111.
Plain-English Summary
Partition cases sometimes involve an owner who cannot be found or does not appear despite service. Section 25-21,111 protects that person’s stake anyway. Once the case ascertains what share belongs to the absent owner, that share does not get divided up among the other participants; it is retained, or, if it takes the form of proceeds, invested for the absent owner’s benefit.
The provision works alongside the protections for contingent interests in section 25-21,110 and the encumbrancer’s representative role in section 25-21,109, rounding out a scheme meant to keep a partition case from stripping value away from someone who was not, or could not be, actively involved in the litigation.
Frequently Asked Questions
What happens to the share of an owner who cannot be located in a partition case?
Section 25-21,111 requires that share to be retained, or the proceeds invested, for that absent owner’s benefit.
Does the absent owner lose the share because they did not appear?
No. The section preserves the ascertained share rather than letting the other parties absorb it.
Is the retained share held in cash or as property?
The section covers both possibilities: the share is retained, or, where proceeds are involved, invested for the owner’s benefit.
How does this section relate to the encumbrancer provision in section 25-21,109?
Both sections address participants who are not actively engaged in the case, one covering encumbrancers acting for a defaulting owner and the other protecting the absent owner’s own ascertained share.
Who decides how the absent owner’s share is invested?
The section does not spell out the mechanics; it states the goal, that the share be retained or invested for the absent owner’s benefit.
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: absent owner share partition nebraskaunlocated owner partition proceedsretained share partition case nebraskainvesting proceeds for absent owner