Lawyers, Answer Questions  & Get Points Log In
Nebraska Real Estate Law Questions & Answers
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, and the... 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 considers the... 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 is... 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 be awarded the... 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 responsible for... 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 they don't pay property... 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). My... 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 your... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Nebraska on
Q: Is there anyway of removing my name from a mortgage due to divorce without him having to refinance the house

I gave him the house but I don't think he can get it refinanced and I want him to keep the house but My name needs to be removed from the mortgage so my credit rating quits suffering

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 20, 2015

I can think of only one way you can end your liability under the mortgage note, he keep the house, and he not have to refinance: you would have to file for bankruptcy protection.

1 Answer | Asked in Real Estate Law for Nebraska on
Q: Do we have to write a new certified check if the recepient lost the first one?

We sold our home and gave the new homeowners a certified check for 650 dollars made out to a mudjacking company per our contract to have some work done on the drive way. The new homeowners lost the check and had the work done. The check had a 90 day experation. 1 day after it expiered they... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Aug 31, 2015

This is a very good question. Unfortunately, it requires a bit of research to answer. Get a local attorney on this matter.

1 Answer | Asked in Real Estate Law for Nebraska on
Q: My ex husband refinanced a loan and took my name off of it & off of title. How do I get my name off of deed of trust?

Loan refinanced. Quit claim deed filed and my name off of property. Now it is foreclosing, and creditor's attorney is stating my name needs to be off of deed of trust. It's off of the note and title, but he said that's not enough. Please help.

Charles Snyderman
Charles Snyderman answered on Aug 22, 2014

This doesn't make sense. If your ex really refinanced, the deed of trust with your name on it would have been paid in full and the mortgage would have been satisfied. In addition, on a foreclosure, the lender usually goes after the property, and you would not have any liability. The deed of trust... Read more »

1 Answer | Asked in Real Estate Law for Nebraska on
Q: hello, im in process of purchasing home from an estate where i have a signed purchase agreement by the rep. of the will

and myself..closing date is set..can this be stopped or contested after closing by others named in will other than the personal rep?

Charles Snyderman
Charles Snyderman answered on May 17, 2014

There are times when a transaction like this is challenged even after the closing. This is why it's essential that you purchase owner's title insurance, which will protect you from any possible financial loss resulting from such claims.

1 Answer | Asked in Real Estate Law for Nebraska on
Q: Omaha, Nebraska - My neighbors tree fell on my house. Is she responsible for having the tree removed?
Ryan P. Sullivan
Ryan P. Sullivan answered on Feb 22, 2012

The answer to this question is fact dependent. However, in many situations the neighbor would be responsible for the cost of having to remove the tree, and also the cost of repairing any damages the falling tree caused.

1 Answer | Asked in Real Estate Law for Nebraska on
Q: If both husband & wife on the house title but only one is on the mortgage, do both have to sign when the house gets sold
Ryan P. Sullivan
Ryan P. Sullivan answered on May 13, 2011

Yes. To transfer the deed or "title" to the property, all owners must sign and agree to the transfer.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.