If the lien is upon one or more undivided interests of any of the parties, it shall, after partition or sale, remain a charge upon those particular interests or the proceeds thereof. But the due proportion of costs is a charge upon those interests paramount to all other liens.
§ 25-2173.Liens upon undivided interests; lien for costs paramount.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section keeps a lien on one or more co-owners’ undivided interests attached to those particular interests or their proceeds after partition or sale, while making the proportionate share of costs a charge on those interests that outranks every other lien.
Full Text of § 25-2173
Source
R.S.1867, Code § 805, p. 538; R.S.1913, § 8288; C.S.1922, § 9241; C.S.1929, § 20-2173; R.S.1943, § 25-2173.
Plain-English Summary
Section 25-2173 explains what survives a partition when a lien was attached to less than the whole property. If a lien covers one or more undivided interests belonging to particular parties, rather than the property as a whole, that lien does not vanish once the property is divided or sold. It continues as a charge on those specific interests, or on whatever proceeds those interests generate.
Costs get priority. The due proportion of the costs of the partition action attaches to those same interests as a charge that ranks ahead of every other lien, including whichever lien had already attached to that interest. Costs come first; the earlier lien takes what remains.
Frequently Asked Questions
What happens to a lien on an undivided interest after a partition?
It remains a charge upon that particular interest, or the proceeds of it, after partition or sale.
Does a lien on one owner’s interest get erased by partition or sale?
No. Section 25-2173 keeps it in place as a charge on that interest or its proceeds.
What takes priority over a lien on an undivided interest?
The due proportion of costs, which the section makes a charge paramount to all other liens.
Does this section apply to liens on the whole property or just part of it?
It applies to liens upon one or more undivided interests of particular parties, not liens on the whole property.
Why would partition costs outrank a pre-existing lien?
The section builds that priority directly into the charge on the interest, so costs are satisfied before the earlier lien.
Does this section require the lienholder to be a party to the partition case?
No. It addresses the lien’s effect on the interest regardless of whether the lienholder was joined; section 25-2172 governs joinder.
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: lien undivided interest partition nebraskapartition costs paramount lienlien survives partition saleproportionate costs charge partitionsection 25-2173 nebraska