Nebraska § 40-108 Homestead; selection; hearing

Nebraska Statutes

§ 40-108 — Homestead; selection; hearing

Nebraska § 40-108

Ch. 40Homesteads

This text of Nebraska § 40-108 (Homestead; selection; hearing) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 40-108 (2026).

Text

At the hearing the court, upon proof of the service of such application and notice, shall determine whether or not such land is subject to the homestead exemption. If it is not, the court shall dismiss the application. If it is, the court shall further determine:

(1)The extent and value of the homestead; and (2) if of greater value than the homestead exemption, whether or not the land claimed as a homestead can be divided without material injury. In the event the land which is determined by the court to be subject to the homestead exemption has already been sold on execution by the sheriff, the sale shall be set aside and the judgment creditor shall be assessed the costs of the sale and of the hearing, unless such land was sold for more than the homestead exemption.

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At the hearing the court, upon proof of the service of such application and notice, shall determine whether or not such land is subject to the homestead exemption. If it is not, the court shall dismiss the application. If it is, the court shall further determine: (1) The extent and value of the homestead; and (2) if of greater value than the homestead exemption, whether or not the land claimed as a homestead can be divided without material injury. In the event the land which is determined by the court to be subject to the homestead exemption has already been sold on execution by the sheriff, the sale shall be set aside and the judgment creditor shall be assessed the costs of the sale and of the hearing, unless such land was sold for more than the homestead exemption.

Legislative History

Source: Laws 1879, § 8, p. 59; R.S.1913, § 3083; C.S.1922, § 2823; C.S.1929, § 40-108; R.S.1943, § 40-108; Laws 1947, c. 153, § 4, p. 421. Annotations: Procedure for selection of homestead was in conformity with statute. Sanne v. Sanne, 167 Neb. 683, 94 N.W.2d 367 (1959). Hearing and determination of homestead was had under this section. Schroeder v. Ely, 161 Neb. 262, 73 N.W.2d 172 (1955).