The complaint shall describe the property, and the several interests and estates of the several joint owners, or lessees thereof, if known. All tenants in common, joint tenants, or lessees of any estate in land or interest therein, or of any mineral, coal, petroleum, or gas rights, may be compelled to make or suffer partition of such estate or estates in the manner hereinafter prescribed.
§ 25-2170.Complaint for partition; parties; allegations.
Article 21: Special Proceedings and Actions · Last amended 2002 · Last verified July 22, 2026
In one sentenceThis section requires a partition complaint to describe the property and the known interests and estates of joint owners or lessees, and confirms that tenants in common, joint tenants, and lessees of an estate or interest in land, including mineral, coal, petroleum, or gas rights, can be compelled to partition it.
Full Text of § 25-2170
Source
R.S.1867, Code § 802, p. 538; Laws 1899, c. 89, § 1, p. 344; R.S.1913, § 8285; C.S.1922, § 9238; C.S.1929, § 20-2170; R.S.1943, § 25-2170; Laws 1951, c. 72, § 1(2), p. 228; Laws 2002, LB 876, § 41.
Plain-English Summary
Partition actions divide property among co-owners who no longer want to hold it together, or who never agreed to in the first place. Section 25-2170 sets the baseline requirement for starting one: the complaint must describe the property being divided and lay out the several interests and estates of the joint owners or lessees, as far as those interests are known.
The section also defines who can be forced into a partition. Tenants in common, joint tenants, and lessees holding any estate in land or any interest in it may be compelled to partition, and that reach extends specifically to mineral, coal, petroleum, or gas rights. A co-owner does not need every other owner’s agreement to divide the property; the partition action itself can compel it.
Frequently Asked Questions
What must a Nebraska partition complaint describe?
The property being divided and the several interests and estates of the joint owners or lessees, if known.
Who can be compelled to make or suffer partition?
Tenants in common, joint tenants, or lessees of any estate in land or interest in it, including mineral, coal, petroleum, or gas rights.
Does this section cover mineral rights?
Yes. It expressly extends to mineral, coal, petroleum, or gas rights.
Do all co-owners have to agree before a partition can happen?
No. The partition action can compel it even without everyone’s agreement.
What if some owners’ interests in the property are unknown?
Section 25-2171 requires the complaint to address unknown owners and unknown, contingent, or doubtful interests with reasonable certainty.
Is a partition action limited to full ownership, or does it reach lesser interests too?
It reaches any estate in land or interest in it, not only outright fee ownership.
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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