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Nebraska Real Estate Law Questions & Answers
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.... Read 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.... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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,... Read more »

1 Answer | Asked in Real Estate Law for Nebraska on
Q: Can I force my husband to move out of my house?

My husband moved into the home I purchased prior to marriage. After 6.5 years of marriage I have filed for divorce and asked him to move out. He says he has squatter's right and I can't force him to move out. What I've read about squatter's rights, he doesn't qualify.... Read more »

Julie Fowler
Julie Fowler answered on Apr 2, 2020

It is common for the spouses to not want to live together while a divorce is pending, but sometimes neither party wants to be the one that moves out. To ask the court to decide who gets to remain in the home while the divorce is pending, a party can file a motion for a temporary order and set for... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Nebraska on
Q: I am wanting to re-finance my home in my name only. My mortgage is in my name only. I am currently married.

We will be divorcing later - possibly next year.

His (my spouse's) name is on the HELOC (home equity line of credit) loan.

Am I able to refinance, in my name only, without any signatures from him?

I married him twice, and was awarded the house in the first divorce,... Read more »

Julie Fowler
Julie Fowler answered on Mar 25, 2020

In theory, potentially yes depending on your current loan terms. In reality are you going to be able to find a mortgage lender that will do the refinancing without his cooperation, probably not.

1 Answer | Asked in Real Estate Law and Divorce for Nebraska on
Q: My husband paid for upkeep on my house. Is he entitled to a share of potential value increase of the home?

My husband and I are divorcing after 6.5 years of marriage. I purchased my home 3 years prior to our marriage and he moved in with me. He has never made a payment for mortgage, insurance, or utilities. I have also paid for the majority of groceries and other household items. He has paid for... Read more »

Julie Fowler
Julie Fowler answered on Mar 3, 2020

If a home is purchased during the marriage, the equity in the home is generally divided between the spouses in a divorce (usually 50/50). Generally, it doesn't matter if the expenses related to the home were paid out of an account in just one party's name. The Court still generally... Read more »

1 Answer | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for Nebraska on
Q: Husband won't put my name on the deed to house. I have been paying towards the mortgage since marriage. What can I do?

Only his name is on the mortgage, he paid on the house for 6 years before we were married. House has appreciated since marriage, we have both put work into it. He makes 50k more a year than I do, but I work FT and stay home with our child 5 days a week. I pay half of all utilities/groceries/family... Read more »

Julie Fowler
Julie Fowler answered on Mar 3, 2020

Generally, even if only one spouse's name is on the deed, the court will generally consider the home as marital if purchased during the marriage. If one spouse owned the home prior to the marriage, then the Court will generally determine that part of the equity in the home is marital and part... Read more »

1 Answer | Asked in Real Estate Law for Nebraska on
Q: Is this even legal? What options do we have available.

I live in Nebraska. Where I live has 76 condo units. My family amongst us owns 6 of them. 2 are owner occupied the remaining 4 are rentals. Of the 76 units 25 are non-owner occupied with most being rented to the owners family members. The association is now trying to add wording to our bylaws that... Read more »

James Polack
James Polack answered on Feb 4, 2020

You have stated there are 76 condo units. I would not be able to give any opinions without doing a conflict of interest check first. Based on your family's ownership of multiple units, I suggest you make an actual office appointment with an attorney.

1 Answer | Asked in Divorce and Real Estate Law for Nebraska on
Q: What does "Defendant shall 'indemnify and hold the Plaintiff harmless'" mean with regard to property in a divorce?

5 yrs after my gf divorce, she is looking at finally buying a house. She learned her ex did not refinance the house in his name after she deeded the house to him. She filed for the divorce and is the Plaintiff. The divorce decree under "Real Estate" states "That the Defendant shall... Read more »

Julie Fowler
Julie Fowler answered on Jun 27, 2019

A quit claim deed after divorce can remove a spouse from the title of a home. It doesn't remove the spouse from the mortgage. If the parties have entered into a mortgage with joint responsibility, the Decree doesn't change that parties' agreement to the creditor that they are each... Read more »

1 Answer | Asked in Real Estate Law for Nebraska on
Q: I recently got married. I bought my house 7 years ago on my own. Now that we are married, do we need to refinance?

We were told by a banker that we need to refinance within 30 months since we are now married. Is this true?

Julie Fowler
Julie Fowler answered on Jun 10, 2019

I am not aware of any laws that require a person to refinance their home due to getting married.

1 Answer | Asked in Personal Injury and Real Estate Law for Nebraska on
Q: I found out my name & my sibling name was added to parents home deed, we didn't sign anything. Should I worry?

They live in the home & it's only valued at under $11k. There's no mortgage. The concerns are: we didn't sign anything to agree to this; they are financially unstable; have large medical bills & we don't know if they pay taxes or insure it. Could we be held liable if... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 28, 2018

Depends how it's added. May be good or not. I think you need to consult an attorney for the way it should be that would be best.

If you and sib are tenants by the entireties with right of survivorship" it can be good but may have consequences. Speak to an attorney.

1 Answer | Asked in Real Estate Law, Bankruptcy, Family Law and Landlord - Tenant for Nebraska on
Q: How can I take over my childhood house?

My parents owned the home but we're letting the bank foreclosure on my childhood home because of bankruptcy . So I started to make the mortgage payments to try to get it put into my name for my new home, but now the bank is talking about for taking about foreclosing on me/her (my step mother).... Read more »

Brendan Michael Kelly
Brendan Michael Kelly answered on Jul 24, 2017

You should save the payment money and approach the bank to take over the loan. Yet, the bank in not likely going to be able to talk with you about it since your not on the loan. Making payments may take your dad out of default but you won't get any credit for the property and your just helping... Read more »

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