Creditors having a specific or general lien upon all or any portion of the property may or may not be made parties, at the option of the plaintiff.
§ 25-2172.Parties; lienholders.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section leaves it to the partition plaintiff’s discretion whether to name as parties creditors who hold a specific or general lien on all or part of the property being divided.
Full Text of § 25-2172
Source
R.S.1867, Code § 804, p. 538; R.S.1913, § 8287; C.S.1922, § 9240; C.S.1929, § 20-2172; R.S.1943, § 25-2172.
Plain-English Summary
Liens on jointly owned property raise a practical question in a partition case: does every lienholder have to be brought into the lawsuit? Section 25-2172 answers no, at least as a matter of requirement. Creditors holding a specific or general lien on all or any portion of the property may be made parties to the partition action, but they do not have to be.
The choice belongs to the plaintiff, who can weigh whether including a particular lienholder serves the case. Section 25-2173 then addresses what happens to a lien on an undivided interest whether or not its holder was joined as a party.
Frequently Asked Questions
Do lienholders have to be named as parties in a Nebraska partition action?
No. Section 25-2172 leaves that choice to the plaintiff’s option.
Who decides whether to include a creditor with a lien on the property?
The plaintiff.
What kinds of liens does this section cover?
A specific or general lien upon all or any portion of the property.
Does leaving out a lienholder affect the lien itself?
Section 25-2173 addresses that question, providing that a lien on an undivided interest continues as a charge on that interest or its proceeds after partition or sale.
Is there any category of lienholder that must be joined under this section?
No. The section grants discretion rather than imposing a joinder requirement.
Why might a plaintiff choose not to join a lienholder as a party?
The plaintiff may judge it unnecessary to resolve that lien within the partition case itself.
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: lienholders parties partition nebraskacreditor lien partition actionoptional parties partition complaintgeneral lien partition propertysection 25-2172 nebraska