The proceedings in relation to the encumbrances shall not delay the distribution of the proceeds of other shares in respect to which no difficulties exist.
§ 25-2194.Encumbrance proceedings; not to delay distribution of other shares.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section keeps a dispute over one share’s encumbrance from holding up payment to the other co-owners, requiring distribution of proceeds tied to shares free of encumbrance problems even while encumbrance proceedings over a different share continue.
Full Text of § 25-2194
Source
R.S.1867, Code § 827, p. 540; R.S.1913, § 8310; C.S.1922, § 9262; C.S.1929, § 20-2194; R.S.1943, § 25-2194.
Plain-English Summary
An encumbrance fight over one owner’s share should not leave every other owner waiting on the sidelines. Section 25-2194 makes that principle explicit: proceedings relating to encumbrances do not delay distribution of the proceeds of other shares where no such difficulties exist.
In a partition action with several co-owners, it is common for only one parcel to carry a disputed mortgage or lien while the rest are free and clear. This section lets the court release those unaffected shares to their owners promptly, while the encumbrance dispute over the remaining share plays out separately under the other sections in this article.
Frequently Asked Questions
If one co-owner’s share has a disputed encumbrance, do all co-owners have to wait for it to be resolved?
No. This section keeps encumbrance proceedings from delaying distribution of proceeds from shares that have no such difficulties.
Does this section resolve the encumbrance dispute itself?
No. It addresses only timing, letting unaffected distributions move forward while the encumbrance proceedings continue elsewhere in this article.
Which shares get delayed under this rule?
Only the share or shares tied up in encumbrance difficulties; the rest proceed to distribution.
Why does this matter to co-owners with an unencumbered share?
It means they are not held hostage to a dispute that does not involve their portion of the property.
What difficulties does this section refer to?
Encumbrance disputes of the kind the surrounding sections address — disagreements over the amount, validity, or payment of a mortgage, lien, or similar interest.
Does the court need a separate order to distribute the unaffected shares?
The statute directs that distribution not be delayed by the encumbrance proceedings, consistent with the court’s ordinary handling of distribution under this article.
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: unaffected shares distributed promptlyencumbrance dispute delay distributionpartition proceeds distribution timingone share encumbered other shares freenebraska partition distribution rule