Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section requires a partition defendant’s answer to state the amount and nature of that defendant’s interest, and allows defendants to deny a plaintiff’s claimed interest and, through supplemental pleading if needed, to deny another defendant’s claimed interest as well.
Full Text of § 25-2174
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The answers of the defendants must state, among other things, the amount and
nature of their respective interests. They may deny the interest of any of the plaintiffs, and by supplemental pleading, if necessary, may deny the interests of any of the other defendants.
Section 25-2174 sets the baseline for what a defendant in a partition action has to say. The answer must state the amount and nature of that defendant’s own interest in the property — not a vague assertion of ownership, but a specific description of the share and type of interest claimed.
Defendants are not limited to defending their own interest. They may deny the interest a plaintiff claims to hold, and, through supplemental pleading if the situation calls for it, may also deny the interest another defendant claims. That gives every party in a multi-owner partition case a way to contest a rival claim, not only the claims a plaintiff has made against them.
Frequently Asked Questions
What must a defendant’s answer in a Nebraska partition case include?
The amount and nature of that defendant’s own interest in the property.
Can a defendant dispute the plaintiff’s claimed share of the property?
Yes. Section 25-2174 lets defendants deny the interest of any of the plaintiffs.
Can one defendant dispute another defendant’s claimed interest?
Yes, by supplemental pleading if necessary.
Is a general denial of ownership enough to satisfy this section?
No. The section calls for stating the amount and nature of the defendant’s interest, a specific description rather than a bare denial.
Why would a defendant need a supplemental pleading to deny another defendant’s interest?
Because the original answer addresses the plaintiff’s claimed interest; a later filing lets a defendant challenge a co-defendant’s claim as the case develops.
Does this section address costs, or only what the answer must contain?
Only pleading content. Section 25-2176 addresses costs on contested issues between parties.
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:partition answer contents nebraskadenying interest in partition actiondefendant interest statement partitionsupplemental pleading partition nebraskasection 25-2174 nebraska