40-105 Homestead; selection. - Nebraska Statutes

40-105. Homestead; selection.When an execution for the enforcement of a judgment obtained in a casenot within the classes enumerated in section 40-103 is levied upon the landsor tenements of a head of a family oran unmarried person age sixty-five or older, such person may at any time prior to confirmationof sale apply to the district court in the county in which the homestead issituated for an order to determine whether or not such lands or tenements,or any part thereof, are exempt as a homestead and, if so, the value thereof. SourceLaws 1879, § 5, p. 58; R.S.1913, § 3080; C.S.1922, § 2820; C.S.1929, § 40-105; R.S.1943, § 40-105; Laws 1947, c. 153, § 1, p. 420; Laws 2010, LB907, § 2.Effective Date: July 15, 2010AnnotationsApplication for determination of homestead exemption was properly made. Sanne v. Sanne, 167 Neb. 683, 94 N.W.2d 367 (1959); Schroeder v. Ely, 161 Neb. 262, 73 N.W.2d 172 (1955).Homestead exemption is not a proper subject for consideration upon confirmation of judicial sale. Enquist v. Enquist, 146 Neb. 708, 21 N.W.2d 404 (1946).Where husband and wife reside upon homestead and wife dies, homestead character of the land continues, and, although husband may have no children or dependents, he may still claim the benefit of the homestead laws. Bartels v. Seefus, 132 Neb. 841, 273 N.W. 485 (1937).Objection to confirmation of execution sale of homestead is no bar to action to remove cloud of sheriff's deed, or other appropriate remedy. Kaley v. Eselin, 108 Neb. 544, 188 N.W. 254 (1922).Administrator's sale of homestead is not void, after confirmation, for failure to segregate homestead interest and to order it preserved. Pohlenz v. Panko, 106 Neb. 156, 182 N.W. 972 (1921).There is no provision for setting off of the homestead except when it is sought to be taken on execution. Sanford v. Anderson, 69 Neb. 249, 95 N.W. 632 (1903).The homestead character of real estate upon which an attachment has been levied is not a proper question to be heard and determined upon motion to discharge attachment. Quigley v. McEvony, 41 Neb. 73, 59 N.W. 767 (1894).