Neb. Rev. Stat. » Chapter 25
Nebraska Revised Statutes

Neb. Rev. Stat. § 25-2170 (2026)

Complaint for partition; parties; allegations

✓ current as of July 2026
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The complaint shall describe the property, and the several interests and estates of the several joint owners, or lessees thereof, if known. All tenants in common, joint tenants, or lessees of any estate in land or interest therein, or of any mineral, coal, petroleum, or gas rights, may be compelled to make or suffer partition of such estate or estates in the manner hereinafter prescribed.

Notes of Decisions
Cited in 19 cases (2 in the last 5 years), 1950–2025 · leading case: Schlake v. Schlake, 885 N.W.2d 15 (Neb. 2016).
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Schlake v. Schlake, 885 N.W.2d 15 (Neb. 2016). · cites it 4× “755 “confirming those shares and interests, and directing parti- tion to be made accordingly.”17 At this point, the district court appoints up to three referees18 who compile a report on the property to be partitioned.”
Hartman v. Drake, 87 N.W.2d 895 (Neb. 1958). · cites it 12× “Section 25-2170, R.R.S.1943, provides that: "The petition must describe the property, and the several interests and estates of the several joint owners, or lessees thereof, if known.”
Baskins v. Krepcik, 43 N.W.2d 624 (Neb. 1950). · cites it 27× “Section 802 of the original code has become section 25-2170, R.R.S.1943, and it is the identical language of the amendment of 1871 except the words "several interests" have been substituted for "respective interests" in the first sentence, and the words "several joint owners"…”
Channer v. Cumming, 699 N.W.2d 831 (Neb. 2005). · cites it 2× “In summary, Nebraska’s partition procedure is set forth in Neb. Rev. Stat. § 25-2170 et seq. (Reissue 1995 & Cum.”
Kellner v. Kellner, 593 N.W.2d 1 (Neb. Ct. App. 1999). · cites it 4× “This provision is in accord with the partition statutes, Neb.Rev.Stat. §§ 25-2170 through 25-21,111 (Reissue 1995).”
Wheelock v. Heath, 272 N.W.2d 768 (Neb. 1978). · cites it 2× “Under section 25-2170, R. R. S. 1943, mineral interests are subject to partition.”
Nordhausen v. Christner, 338 N.W.2d 754 (Neb. 1983). · cites it 2× “This is an appeal from a judgment entered by the District Court for Chase County, Nebraska, directing that certain land owned by the various parties to this action be partitioned in kind, pursuant to the provisions of Neb. Rev. Stat. §§ 25-2170 to 25-21,111 (Reissue 1979).”
Anania v. Anania, 576 N.W.2d 830 (Neb. Ct. App. 1998). · cites it 2× “One common owner of property may partition the property as provided by Neb. Rev. Stat. §§ 25-2170 through 25-21,111 (Reissue 1995), but that procedure contemplates that the real estate may be divided, if possible, or otherwise sold in a judicial sale.”
United States v. Thomassen, 610 F. Supp. 386 (D. Neb. 1985). · cites it 2× “There are numerous exemptions from an execution or forced sale set out in Neb.”
Dixon v. Dixon, 202 N.W.2d 180 (Neb. 1972). · cites it 5× “Section 25-2170, R. R. S. 1943, provides: “The petition must describe the property, and the several interests and estates of the several joint owners, or lessees *214 thereof, if known.”
Trowbridge v. Donner, 40 N.W.2d 655 (Neb. 1950). “This state has enacted such statutes, prescribing the procedure to be followed and the method and manner of partition, dependent upon the facts and *213 circumstances of each particular case presented.”
Yunghans v. O'TOOLE, 258 N.W.2d 810 (Neb. 1977). “See, §§ 25-2170 and 2170.01, *322 R. R. S. 1943; Dixon v.”
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