Nebraska Partition Deed for Surface Estate

State:
Multi-State
Control #:
US-OG-316
Format:
Word; 
Rich Text
Instant download

Description

When parties own undivided interest in the surface of lands, if they desire to divide the lands so that each party owns, separately, a particular tract, this can be accomplished by the parties partitioning the lands. Then each will own a separate part of the lands in which all the parties owned an undivided interest. This form of partition deed accomplishes this objective.

How to fill out Partition Deed For Surface Estate?

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FAQ

Potential Problems with Transfer on Death Deeds: Issues can include unintentional disinheritance, conflicts with joint tenants, and invalidation due to legal description errors.

A joint owner wanting to sell should attempt to make an agreement with the other joint owner or owners before hiring an attorney for a partition action. If the joint owners will not sell, a partition action asks the court to force the sale and divide the proceeds equally.

NOTE: All deeds must contain a full, current legal description of the property, name of the party transferring the property (grantor), name of the party receiving the property (grantee) and must be signed by grantor(s) and notarized.

A defining feature of a Nebraska quitclaim deed is that it transfers real estate with no warranty of title. It transfers whatever interest the current owner holds in the real estate on the date of the deed. At the same time, the current owner does not promise that these rights are valid or free of defects.

Partition is the division of real or personal property between or among two or more co-owners, such as joint tenants or tenants-in-common. Partition is not a remedy available to owners who hold title as community property or quasi-community property.

You may be able to avoid probate in Nebraska if you: Establish a Living Trust. Title assets in Joint Tenancy.

To get title to the property after your death, the beneficiary must record a certified death certificate, cover sheet with the legal description of the property, and Form 521 (Real Estate Transfer Statement) in the register of deed's office. The office will forward Form 521 on to the county assessor.

To complete the transfer, the deed must be recorded in the office of the Register of Deeds of the county where the property is located. All deeds also require a Form 521 - Real Estate Transfer Statement.

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Nebraska Partition Deed for Surface Estate