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Nebraska Real Estate Law Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for Nebraska on
Q: 3 years ago my father in law bought my husband and I a house we agreed to pay it back over 3 years

Fast forward 3 years we paid it off with him and he is refusing to give us the deed and hold up his side of the deal. He is trying to change our deal and kick us out. What can we do?

Julie Fowler
Julie Fowler
answered on Feb 14, 2024

Under contract law, most of the time the Court can enforce a contract even if the terms are not written down (oral contract). There are exceptions to this. Sometimes when the Court finds that there is an enforceable oral contract it is still up to the Court to determine what exactly the terms are... View More

2 Answers | Asked in Contracts, Criminal Law, Real Estate Law and Tax Law for Nebraska on
Q: My brother and I own a pasture. He has been renting it out without my signature for 7 years.

He and his wife (whose name is not attached to the land) have been drafting and signing lease agreements for seven years. I have never seen these agreements. My brother and his wife handle every aspect of the land and finances. I receive $500/year, which he claims are the only profits. I'm... View More

James L. Arrasmith
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answered on Dec 25, 2023

You should consider taking the following steps to address your concerns:

Review Documents: Request copies of all lease agreements and financial records related to the pasture from your brother. Insist on transparency and access to all relevant paperwork.

Consult an Attorney: Seek...
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2 Answers | Asked in Contracts and Real Estate Law for Nebraska on
Q: My room mate left March of 2022. Hasn;t takeen her name off the lease. I"ve been paying rent in full. How do I recover t

How do I recover that money and get her off the lease. She resides in Houston Texas now.

Anthony M. Avery
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answered on Jul 27, 2023

It will be expensive and difficult to sue her now in TX, which will require a TX attorney. If you get a Judgment, then collection will be difficult. She probably knows this.

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1 Answer | Asked in Contracts and Real Estate Law for Nebraska on
Q: I am signing a lease for a rental property in the state of Nebraska. Can Elise be made in the state of Oregon?

I am signing at least for a property in Nebraska however the paper was drawn up in the lease like it was for an Oregon State lease agreement would that be valid in the state of Nebraska because it wasn't drawn up for this state of Nebraska property?

Julie Fowler
Julie Fowler
answered on May 24, 2023

If the applicable laws are the same in Nebraska and Oregon, then it may not cause issues, although it potentially could. If problems arise or the applicable laws are not the same, they you may be inviting issues. If you don't think the lease is correct, then review it with an attorney before... View More

2 Answers | Asked in Family Law, Real Estate Law, Collections and Municipal Law for Nebraska on
Q: How can I protect myself and my property from debtors who are suing my girlfriend, whose name is on the deed also ?

We've been together 20yrs, but never married. We are both on Social Security Disability, and rely on each other in times of need. Her name is on the deed simply because I have no living relatives to leave anything to. (I've paid for the property outright from an inheritance) She's... View More

Julie Fowler
Julie Fowler
answered on May 11, 2023

She needs to defend against the action that she was served with and speak with an attorney now. She likely need to file a response with the Court now and take other actions to respond to the lawsuit or she may unintentionally waive some of her rights. If the creditor is persuing the home and you... View More

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1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Agricultural Law for Nebraska on
Q: Does a court go off the last Will made?

.

Kelly Henry Turner
Kelly Henry Turner
answered on Jan 27, 2023

If the Will is valid the Court will admit the most recent recently executed Will. The Will could be challenged if there is any concern for undue influence, capacity or fraud.

1 Answer | Asked in Estate Planning and Real Estate Law for Nebraska on
Q: If my sister and I inherited a house from our parents, and my sister dies, so I now own all of the house?

The house is in both of our names.

Kelly Henry Turner
Kelly Henry Turner
answered on Jan 27, 2023

The answer would depend on how you and the sister owned the house. If the house is owned as Tenants-in-Common, each owns an undivided interest in the property. The deceased sister's interest would pass through her estate.

If the property is owned in Joint Tenancy with Rights of...
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1 Answer | Asked in Estate Planning and Real Estate Law for Nebraska on
Q: When selling a house is it illegal to give a car away with the purchase of the house?

Can I be liable for any damages to the vehicle before or after a year once it is in the possession of the property buyer? What are my responsibilities once I have sold?

Julie Fowler
Julie Fowler
answered on May 4, 2022

If you did the proper legal formalities such as a bill of sale and transferring the title of the vehicle to the new owner, then you likely have no further responsibility at least as owner of the vehicle. If you left the vehicle but you are still a title holder, then things become more complicated... View More

1 Answer | Asked in Real Estate Law for Nebraska on
Q: Hello! Question about a previous judgement that is coming up on a title search.

I inherited a house from my parents after the death of my father and have kept the house for 15 years. I am in the process of selling and have found an old Judgement from 2004 against my 1/2 brother for unpaid child support. However, the house was NOT in his name at the time of the judgement. Will... View More

Julie Fowler
Julie Fowler
answered on Mar 30, 2022

It depends. If the child support is paid in full at this time, then it may be a non-issue. If there is still child support outstanding and there may arguable be a child support lien, then this could cause delays while clearing up this title issue. If he was not and is not a title holder, then... View More

1 Answer | Asked in Real Estate Law for Nebraska on
Q: Whose responsible for a collapsed sewer line discovered two days after moving in my newly purchased home?

My daughter just bought a house and moved in. Rite away the sewer started showing signs of problems. She had a camera ran thru the line and was told it was collapsed. She wasn't told anything about this during the purchase. It seems this had to be known issue that wasn't disclosed.... View More

James Polack
James Polack
answered on Nov 11, 2021

If the Seller knew of the problem and failed to disclose, they can be found liable in court, pending proof, etc. Nebraska law provides attorney fees in some circumstances, and if the Buyer is sucessfull, and if the case is filed within a year of purchase or possesion, depending which was first.... View More

2 Answers | Asked in Divorce and Real Estate Law for Nebraska on
Q: Does a subordination of real estate lien hold up the selling of property, until paid?
Julie Fowler
Julie Fowler
answered on Sep 23, 2021

It certainly can. It depends on your specific real estate transaction. Selling a home is much different than selling a factory and there isn't enough info in your question to know about this specific transaction. That being said, assuming this is the sale of a home, you generally must pay... View More

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1 Answer | Asked in Real Estate Law for Nebraska on
Q: Does a party in a long term unmarried relationship with their name on a mortgage but not the deed have property rights?

Two parties in roughly 9+ year cohabitant unmarried relationship with child. Home was purchased while together using credit of both parties (both listed on the mortgage), but only one party was named on the deed. Both have contributed to the mortgage and up keep of the home. They are ending the... View More

Julie Fowler
Julie Fowler
answered on Mar 10, 2021

The Court generally looks to who is listed on the title of the deed to determine ownership of the home.

That being said, it is possible to receive compensation when the parties have an agreement and one party would be unjustly unriched by the Court not following the agreement and awarding...
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1 Answer | Asked in Real Estate Law for Nebraska on
Q: Must spouse sign title docs during refi of rental property if current title in one name only?

Seeing conflicting information and don't see a definitive. From initial refi attempts, this seems to be lender specific since some want this while others don't. Prefer to avoid this as would make planned future house sale essentially impossible with title in both names as during that... View More

Julie Fowler
Julie Fowler
answered on Feb 17, 2021

Are you asking if the lender will require both spouses to sign for a refinance when the rental property is in one party's name? It depends on whether the new mortgage will be in both parties' names or not. Even if the property and mortgage is in one party's name, the lender may... View More

1 Answer | Asked in Real Estate Law for Nebraska on
Q: If the executor of the will refuses to provide it and keeps all the estate proceeds, what can be done legally?

I am trying to help my parents. My uncle lived next door to my grandparents and when they passed, as the executor of the will/estate, he refused to show the will or give any of the proceeds of the estate to the other family members. My parents didn't pursue him legally (my mom was afraid of... View More

James Polack
James Polack
answered on Jan 8, 2021

There's not enough information here to provide an exact answer. What can be done depends on what assets would pass under the grandparent's Wills, how long ago they died, the values of the real estate and the personal property, and other factors as well.

The first thing your...
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1 Answer | Asked in Real Estate Law, Agricultural Law, Construction Law and Land Use & Zoning for Nebraska on
Q: My brother and I each want to put a house on 74 acres in NE, but the county doesn't allow more than one home per qtr.

But, there is a special condition that if we are ranchers and own all the land, a 2nd home can be built, so we can "get around" the problem of not being able to build two homes, by not separating the 74 acres into 2 parcels (so we both own the ground), so no real problem so far. But, I... View More

Julie Fowler
Julie Fowler
answered on Jan 6, 2021

Your question is too specific for a general posting board like this. You will want to consult a real estate attorney experienced with farm land issues to see what exceptions might apply in your specific situation.

2 Answers | Asked in Real Estate Law for Nebraska on
Q: My elderly mom wants to transfer her paid in full home in NE to me, what is needed?

Her husband has recently passed and may have to place her in a care facility

James Polack
James Polack
answered on Oct 22, 2020

Your mother should consult an elder planning attorney first.

Transferring her home may result in disqualification for Medicaid or have other unforeseen results.

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1 Answer | Asked in Real Estate Law for Nebraska on
Q: Can i enter a property that i am buying that currently has renters

can i enter the property if give tenants a 24 hour notice. the tenant is being evicted on Oct 13. The property was a rental property but I am buying the property.

James Polack
James Polack
answered on Sep 15, 2020

You are not the landlord if you are in the process of buying, so no, you can't enter even if you give notice.

You could have the actual landlord give notice and they can take you with them to see the property.

You should probably be represented by an attorney in the purchase as...
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1 Answer | Asked in Real Estate Law, Elder Law, Estate Planning and Probate for Nebraska on
Q: What are the steps to getting your name added to a house title in Lincoln Nebraska? Brother had mom's name removed.

My dad passed, my brother removed mom's name so he's the only person on the title. My mother is elderly and she said she didn't know. I was never consulted and found out by looking at the county records. My bother said I can be put on the title but I don't know where to start.

Julie Fowler
Julie Fowler
answered on Sep 4, 2020

If you are implying that there may have been some type of fraud in removing the mother's name and adding the brother's name to the title, then that needs to be looked into and corrected if necessary first before participating in the brother's willingness to add another name to the... View More

1 Answer | Asked in Real Estate Law for Nebraska on
Q: I am not a broker/realtor. Can I still create online ads seeking off-market homes and land for sale?

I read it is required by law that any real estate ad must state the owner, the broker, and the name of the company on ALL online ads (i.e. Facebook and Instagram). But I am just a private investor. So is this legal for me to post "home/land wanted" ads?

Julie Fowler
Julie Fowler
answered on May 2, 2020

Have you tried contacting the Nebraska Real Estate Commission and/or reviewing their website? There is a lot of user friendly information that helps property owners/property investors know what rules to apply to them. If there isn't a clear answer, you may need to retain an attorney for... View More

1 Answer | Asked in Real Estate Law for Nebraska on
Q: I want to sell my house. I got it 2 years before i gotten married. Does my wife have to sign the deed for me to sell?
Julie Fowler
Julie Fowler
answered on Apr 15, 2020

Even if a property was purchased prior to the marriage, a spouse generally has a marital interest in the property. In a divorce, the Court would likely find some of the value of the home is marital and some pre-marital, but it depends on the specific facts of the case. Thus, due to such reason,... View More

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