If the number of shares or interests is known, but the owners thereof are unknown, or if there are, or are supposed to be, any interests which are unknown, contingent or doubtful, these facts shall be set forth in the complaint with reasonable certainty.
§ 25-2171.Complaint; unknown owners or interests; allegations.
Article 21: Special Proceedings and Actions · Last amended 2002 · Last verified July 22, 2026
In one sentenceThis section requires a partition complaint to state with reasonable certainty any facts showing that, although the number of shares or interests is known, the owners are unknown, or that some interests are unknown, contingent, or doubtful.
Full Text of § 25-2171
Source
R.S.1867, Code § 803, p. 538; R.S.1913, § 8286; C.S.1922, § 9239; C.S.1929, § 20-2171; R.S.1943, § 25-2171; Laws 2002, LB 876, § 42.
Plain-English Summary
Not every partition case involves owners who are all identified and cooperative. Section 25-2171 addresses the gaps. If the number of shares or interests in the property is known but the identity of the owners is not, the complaint has to say so. The same goes for interests that are unknown, contingent, or doubtful in some other way.
The standard for pleading those gaps is reasonable certainty. The plaintiff cannot merely gesture at uncertainty; the complaint has to set out these facts about unknown or doubtful interests with enough detail for the court and other parties to understand what remains unresolved and who might still need to be brought into the case.
Frequently Asked Questions
What if a partition plaintiff knows how many shares exist but not who owns them?
The complaint must state that fact with reasonable certainty.
Does this section apply to contingent or doubtful interests too?
Yes, along with interests that are unknown outright.
How specific does the complaint need to be about unknown owners?
It must set forth these facts with reasonable certainty, the standard section 25-2171 sets.
Why would a partition complaint need to address unknown owners at all?
Property held jointly over time can leave heirs or interests unidentified, and the complaint has to surface that instead of ignoring it.
Does this section replace the general partition complaint requirements in section 25-2170?
No. It works alongside section 25-2170, addressing the specific situation of uncertain ownership or interests.
What happens after unknown owners or interests are identified in the case?
The case proceeds through the answer, proof, and trial stages later sections in this chapter describe.
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: unknown owners partition complaint nebraskacontingent interests partition pleadingreasonable certainty partition complaintdoubtful interests partition actionsection 25-2171 nebraska