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Nebraska Real Estate Law Questions & Answers
Q: Is landlord’s compensation offer fair for flooding issues over six years in a Nebraska apartment?
I am negotiating compensation with my landlord due to ongoing flooding in my apartment over the past six years. The landlord is offering one month’s rent ($1495) and $750 in moving fees as compensation, arguing that since they attempted repairs, this is sufficient. However, I've requested... View More 
Perry Andrew Pirsch
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answered on Sep 27, 2025
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answered on Sep 27, 2025
In general, the purpose of damages awarded in civil litigation is to place the plaintiff back in the position he (or she or it) would be in had the tort, breach of contract, etc., occurred. In short, they are remedial and not meant to be a winning lottery ticket. In theory, the purposes of any... View More
Q: Recourse for unprobated estate and property transfer in Nebraska.
My dad passed away 14 months ago in Nebraska without a will, and he was incapacitated before his death. The personal representative took over properties solely in his name and transferred them to her name in March. She did not probate anything and has now passed away as of last Saturday. This... View More
Julie Fowler
answered on Aug 4, 2025
answered on Aug 4, 2025
You may want to speak with an attorney that regularly handles estate matters. It also matters who the personal representative was. If this person was the deceased's spouse, then they may have been the person to lawfully inherit everything if there was no will.
On the other hand, if... View More
Q: How do I remove my name from a jointly owned property deed and get paid half?
I'm a joint owner of a property with my ex-boyfriend. I want to have my name removed from the deed, but I would like him to pay me my share, which is half the estimated value of $12,740. The property currently has no mortgages or liens, and I have not yet discussed this proposal with him. How... View More
Julie Fowler
answered on Jul 25, 2025
answered on Jul 25, 2025
If you are unable to reach an agreement with the other owner, you may want look into retaining an attorney to assist you with a partition action. In the partition action, the court can force the sale of the property or assign a value that one party has to pay to buy the other owner out, among... View More
Q: No-fault divorce asset division and enforceable agreements in Nebraska.
I am in a no-fault divorce situation where both parties have agreed to the terms and both of us need to be single again. We have been apart since July 1st, 2024, and we have no children. During our marriage, we have undergone both joint and individual counseling with professional therapists and... View More
Julie Fowler
answered on Jul 18, 2025
answered on Jul 18, 2025
Many divorce actions are uncontested. You still have to file the same court process, but you don't have to go to trial when both parties are in agreement. In general, you file your complaint for dissolution of marriage with the Court. The spouse waives being served by signing a voluntary... View More
Q: Roommate demands more money than agreed after move-out?
I'm dealing with a roommate situation where I wasn't listed on the lease. I lived in the house from late January to April 2025 but left physically on March 18. Although I provided a 60-day notice of departure, my roommates are now demanding more money than initially agreed. We agreed on... View More
Julie Fowler
answered on Apr 12, 2025
answered on Apr 12, 2025
I don't know enough about the specifics of your situation to give you specific advise. However, in general, when you agree that you owe the other party due to an agreement, it often makes sense to pay the amount that you agree that you owe. Then it is up to the other party to see if they... View More
Q: Benefits of transferring rental property to LLC for tax purposes
I own a rental property and I'm considering transferring it under my newly formed LLC. I haven't consulted anyone about this yet. My main concerns are tax benefits and business advantages. Specifically, I want to know if there would be more tax advantages or potential expense write-offs... View More
Julie Fowler
answered on Feb 17, 2025
answered on Feb 17, 2025
Have you tried reaching out to the Nebraska Business Development Center through the University of Nebraska? You can request a free consultation to learn more about business planning and development:... View More
Q: Benefits of transferring rental property to LLC for tax purposes
I own a rental property and I'm considering transferring it under my newly formed LLC. I haven't consulted anyone about this yet. My main concerns are tax benefits and business advantages. Specifically, I want to know if there would be more tax advantages or potential expense write-offs... View More
Perry Andrew Pirsch
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answered on Mar 3, 2025
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answered on Mar 3, 2025
I was just talking with a CPA on this very issue today. There are, in my opinion, a number of reasons to consider an LLC with the leasing of real property. First reason, however, is limited liability and protection of personal assets. Second, while an LLC does not have corporate formalities, the... View More
Q: Rights to $100,000 pre-marital equity in new house division?
I owned a home in Nebraska before marriage, where we lived after getting married. We later moved to another home. I purchased the initial home for $200,000, and at the time of marriage, its assessed value was $250,000, with a remaining mortgage of $150,000. There was no prenuptial agreement, and... View More
Vanessa Jean Gorden
answered on Feb 15, 2025
answered on Feb 15, 2025
Well, it depends. Did your spouse contribute to increasing the home value? Pay for renovations? Did marital money (any income earned by either spouse in marriage) get spent to increase value or pay on mortgage? What is the total monies in marital estate and money available to both sides? Are there... View More
Q: Rights to $100,000 pre-marital equity in new house division?
I owned a home in Nebraska before marriage, where we lived after getting married. We later moved to another home. I purchased the initial home for $200,000, and at the time of marriage, its assessed value was $250,000, with a remaining mortgage of $150,000. There was no prenuptial agreement, and... View More
Julie Fowler
answered on Feb 17, 2025
answered on Feb 17, 2025
The burden to prove a pre-marital asset or pre-marital equity is on the spouse claiming the pre-marital equity. The more you can show that that the asset/equity has been kept separate and is traceable to the pre-marital asset/equity, the easier it is to convince the judge to award you the... View More
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Civil Litigation, Land Use & Zoning, Public Benefits and Real Estate Law
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Nebraska
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Q: Nebraska cattle trail, easement how to document and liability of damages
Use over 50 years, no access and consent withdrawn.
Julie Fowler
answered on Jan 20, 2025
answered on Jan 20, 2025
If there is a valid easement, then normal use pursuant to the legal easement may be allowed, even if it does create some normal wear and tear (to some extent). If you want to get rid of a valid easement, you may have to buy the rights, the same as you would other types of real estate interests.... View More
Q: I am going to buy a house in Nebraska. Owner will carry me. Do I have ti pay interest if we agree to 0%
If we agree ti 250 k over 14 yrs. 0% interest. Now some lawyer is saying we have to be charged interest? Is this correct
Julie Fowler
answered on Apr 4, 2024
answered on Apr 4, 2024
It is almost unheard of for a person to not pay interest on a mortgage. While I'm not aware of any law that requires a person to charge interest, you may run into unintended consequences if you don't. For example, tax repercussions, gift tax repercussions, estate issues, etc. depending... View More
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 on time and he is refusing to give us the deed and hold up his side of the deal he is trying to kick us out and take our house. What can we do?
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James L. Arrasmith
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answered on Feb 23, 2024
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answered on Feb 23, 2024
In your situation, it's important to gather all documentation related to the agreement you had with your father-in-law, including any written contracts, receipts of payments made, and correspondence discussing the terms of repayment and transfer of the deed. This evidence will be crucial in... View More
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
answered on Feb 14, 2024
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
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
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James L. Arrasmith
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answered on Dec 25, 2023
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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... View More
Q: Dealership's responsibility in total loss after recall repair incident with third-party cleaner.
I took my 2020 Hyundai Sonata Limited, which had 91,000 miles, to a dealership for a recall repair. While there, it was backed into by a third-party cleaning company hired by the dealership, and the third party's insurance company deemed it a total loss. The insurance company is providing... View More
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James L. Arrasmith
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answered on Oct 26, 2025
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answered on Oct 26, 2025
Under Nebraska law, when you delivered the Sonata for recall work you created a bailment, and the dealership—as bailee—owed you a duty to use ordinary care and to return the vehicle in the same condition. Damage while in its custody creates a presumption of negligence, and the dealership cannot... View More
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Business Law, Contracts, Civil Litigation, Real Estate Law and Personal Injury
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Q: Who is liable for vehicle damage during recall service in Nebraska?
I brought my 2020 Hyundai Sonata Limited to a dealership in Nebraska for manufacturer recall repairs. While the vehicle was in the dealership's custody, a third-party cleaning company contracted by the dealership caused an estimated $20,000 in damage by backing into my vehicle. The dealership... View More
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James L. Arrasmith
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answered on Oct 18, 2025
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answered on Oct 18, 2025
It’s understandable that you feel frustrated and confused after such a serious incident, especially since your vehicle was in the dealership’s care when the damage occurred. Under Nebraska law, when you leave your vehicle with a dealership for repairs, a **bailment relationship** is created.... View More
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Landlord - Tenant, Libel & Slander, Personal Injury and Real Estate Law
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Nebraska
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Q: Seeking legal advice on rental agreement violation and emotional distress.
I have a signed agreement regarding a rental property with my former boyfriend, who verbally agreed to it and has been accepting rent. Recently, I moved into one of his rental properties. I discovered audio evidence of him with another woman in my bedroom, which has led to feelings of violation and... View More
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James L. Arrasmith
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answered on Sep 18, 2025
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answered on Sep 18, 2025
You have the right to privacy in your rental unit, and what you described may constitute a serious violation of that right. Document all evidence you have, including the audio recording, dates, and any communication with your former boyfriend regarding the rental agreement. Keep copies of the... View More
Q: Options to remove a subletting roommate in Nebraska.
I live in Nebraska and have a roommate who was subletting under the previous lease without signing it. We informed the landlord not to include her in the new lease that starts in July, but she continues to receive mail and contribute to the rent. She has been living with us for six months. We... View More
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James L. Arrasmith
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answered on Jul 10, 2025
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answered on Jul 10, 2025
You're in a tough situation, but you still have options. Even if your roommate never signed the lease, living in the home for six months, paying rent, and receiving mail there may give her tenant rights under Nebraska law. That means she can't be forced out without going through a formal... View More
Q: Steps to remove a boat parked for 5 months on my rented property in Nebraska.
I gave permission to someone to park their boat on my rented property in Nebraska for 24 hours. It's been five months now, and attempts to have them remove the boat have failed. I've spoken to the owners multiple times, and each time they say they'll retrieve it, but they... View More
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James L. Arrasmith
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answered on Jun 12, 2025
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answered on Jun 12, 2025
Since the boat has been on your property for five months without your ongoing permission, it now qualifies as an abandoned or trespassing vehicle under Nebraska law. A motor vehicle is abandoned if left unattended for more than seven days on private property if left initially without permission of... View More
Q: Does a lease clause on foul language violate First Amendment rights?
I have a clause in my lease that restricts the use of foul language, but it is quite vague. Recently, I left a voicemail message where I cussed, and my landlord said they are issuing a violation notice against me for this. I received an email indicating that this notice is forthcoming. The lease... View More
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James L. Arrasmith
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answered on May 15, 2025
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answered on May 15, 2025
You're right to feel concerned, especially when vague lease terms are being used against you. The First Amendment protects your right to free speech from government censorship, but it doesn’t apply the same way to private landlords unless they are acting on behalf of a government entity or... View More
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