Chapter 40 — HOMESTEADS
18 sections in this chapter.
Neb. Rev. Stat. § 40-101 Homestead; exemption from judgment liens and execution or forced sale.
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Each natural person residing in this state shall have exempt from judgment liens and from execution or forced sale, except as provided in sections 40-101 to 40-116, a homestead not exceeding one hundred twenty thousand dollars in value consisting of the dwelling house in which th…
Repealed. Laws 2024, LB1195, § 16.
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[Repealed or reserved.]
Neb. Rev. Stat. § 40-103 Homestead; exemption; when inoperative.
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The homestead is subject to execution or forced sale in satisfaction of judgments obtained (1) on debts secured by mechanics', laborers', or vendors' liens upon the premises and (2) on debts secured by mortgages or trust deeds upon the premises executed and acknowledged by a clai…
Neb. Rev. Stat. § 40-104 Homestead; how conveyed or encumbered; assertion of claim of invalidity of conveyance.
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Except as otherwise provided in this section, the homestead of a married person cannot be conveyed or encumbered unless the instrument by which it is conveyed or encumbered is executed and acknowledged by both spouses. The interest of either or both spouses may be conveyed or enc…
Neb. Rev. Stat. § 40-105 Homestead; selection; procedure.
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When an execution for the enforcement of a judgment obtained in a case not within the classes enumerated in section 40-103 is levied upon the lands or tenements of a claimant, the claimant may at any time prior to confirmation of sale apply to the district court in the county in …
Neb. Rev. Stat. § 40-106 Homestead; selection; application; contents.
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The application must show (1) the fact that an execution has been levied upon property which is claimed as a homestead, (2) the name of the judgment creditor, (3) the facts which give rise to a homestead exemption, and (4) the value of the homestead.
Neb. Rev. Stat. § 40-107 Homestead; selection; application; filing; service.
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The application must be filed with the clerk of the district court, and a copy thereof, with notice of the time and place of hearing, be served upon the judgment creditor or his attorney of record and the officer making the levy at least ten days before the hearing. The hearing m…
Neb. Rev. Stat. § 40-108 Homestead; selection; hearing.
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At the hearing the court, upon proof of the service of such application and notice, shall determine whether or not such land is subject to the homestead exemption. If it is not, the court shall dismiss the application. If it is, the court shall further determine: (1) The extent a…
Repealed. Laws 1947, c. 153, § 7.
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[Repealed or reserved.]
Neb. Rev. Stat. § 40-110 Homestead; when set off; selection of other lands.
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If from the evidence it appears that the land upon which the execution has been levied can be divided without material injury, the court shall, by an order, set off to the claimant so much of the land, including the residence, not exceeding the quantity prescribed in section 40-1…
Neb. Rev. Stat. § 40-111 Indivisible homestead; sale; conditions.
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If from the evidence it appears that the land upon which the execution has been levied cannot be divided, the court shall, unless a sale has already been held, make an order directing the sale of the land under the execution; but at such sale no bid must be received unless it exc…
Neb. Rev. Stat. § 40-112 Indivisible homestead; sale; proceeds; disposition.
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If the sale is made, the proceeds thereof, to the amount of the homestead exemption, must be paid to the claimant, and the balance applied to the satisfaction of the execution.
Neb. Rev. Stat. § 40-113 Indivisible homestead; sale; surplus proceeds; protection.
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The money paid to the claimant is entitled, for the period of six months thereafter, to the same protection against legal process and the voluntary disposition of the claimant which the law gives to the homestead.
Repealed. Laws 1947, c. 153, § 7.
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[Repealed or reserved.]
Repealed. Laws 2014, LB 964, § 4.
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[Repealed or reserved.]
Neb. Rev. Stat. § 40-116 Homestead; protection of surplus after execution sale.
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If the homestead be conveyed by the claimant, or sold for the satisfaction of any lien mentioned in section 40-103, the proceeds of such sale, beyond the amount necessary to the satisfaction of such lien, and not exceeding the amount of the homestead exemption, shall be entitled,…
Repealed. Laws 1974, LB 354, § 316.
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[Repealed or reserved.]
Transferred to section 61-105.
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[Repealed or reserved.]