Nebraska Revised Statute 40-102

Chapter 40 Section 102

40-102.

Homestead; selection of property.

(1) If the claimant is married, the homestead may be selected from the separate property of the claimant or, with the consent of the claimant's spouse, from the separate property of the claimant's spouse.

(2) If the claimant is not married, the homestead may be selected from any of his or her property.

Source

Annotations

  • 1. Selection

  • 2. Property available

  • 1. Selection

  • Homestead may be selected from property held as tenants in common. Ehlers v. Campbell, 159 Neb. 328, 66 N.W.2d 585 (1954).

  • Homestead may be selected from property held in joint ownership by husband and wife. Edgerton v. Hamilton County, 150 Neb. 821, 36 N.W.2d 258 (1949).

  • Formal declaration of selection of land as homestead is not necessary. Meyer v. Platt, 137 Neb. 714, 291 N.W. 86 (1940).

  • Homestead selected from property of wife must be with her consent, but consent may be presumed from occupancy of property as a family home. In re Estate of Nielsen, 135 Neb. 110, 280 N.W. 246 (1938).

  • Pleading was sufficient to set forth selection of homestead from wife's separate property. Williams v. Williams, 106 Neb. 584, 184 N.W. 114 (1921).

  • 2. Property available

  • While a homestead cannot be claimed in two separate properties at the same time, a homestead claimant who is about to lose his homestead as the result of foreclosure proceeding may abandon it and establish a new homestead in other property. Hawley v. Arnold, 137 Neb. 238, 288 N.W. 823 (1939).

  • Where wife owned undivided one-half interest in property occupied as homestead, and did not consent to selection of homestead from her interest therein, judgment against husband did not become a lien, where mortgage encumbrance and homestead exemption exceeded the value of husband's one-half interest. Connor v. McDonald, 120 Neb. 503, 233 N.W. 894 (1931).

  • Homestead right in wife's separate property is dependent upon her consent thereto. Zeng v. Jacobs, 101 Neb. 645, 164 N.W. 656 (1917); Klamp v. Klamp, 58 Neb. 748, 79 N.W. 735 (1899).

  • Widow living alone cannot acquire homestead that will descend to her heirs as against creditors. Brusha v. Phipps, 86 Neb. 822, 126 N.W. 856 (1910).

  • Where husband deserts his family, wife is entitled to his homestead exemption. First Nat. Bank of Tekamah v. McClanahan, 83 Neb. 706, 120 N.W. 185 (1909).