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Nebraska Real Estate Law Questions & Answers
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 »

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... 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.

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