Nebraska Homestead Declaration and Selection of Homestead

Nebraska Homestead Declaration and Selection of Homestead

Recording Cover Sheet

Caption

STATE OF NEBRASKA
COUNTY OF [________________]

I. Declarant Information

Eligibility Election (§ 40-102)

Declarant qualifies to select a homestead under § 40-102 because (check all that apply):

• ☐ Declarant is married. (Per § 40-102(1), the homestead is selected from the property of either spouse or jointly held property.)
• ☐ Declarant is unmarried and is the head of a family within the meaning of § 40-115.
• ☐ Declarant is unmarried and is sixty-five (65) years of age or older.

Head-of-Family Documentation (if claimed under § 40-115)

II. Property to Be Selected as Homestead

II.A Address

II.B Legal Description

The real property hereby selected and claimed as Declarant's homestead is described as follows (insert full legal description; attach as Exhibit A if it exceeds the space below):

[________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________]

II.C Statutory Configuration (§ 40-101)

Declarant elects the following configuration for the homestead, subject to the limits of § 40-101:

• ☐ Urban configuration: The dwelling house and not more than two (2) contiguous lots within the corporate limits of an incorporated city or village, used by the Declarant as a residence. Lot 1: [____________]; Lot 2 (if any): [____________]. Plat / block: [________________].
• ☐ Rural configuration: The dwelling house and so much of the land on which it is situated, not exceeding one hundred sixty (160) acres, located outside the corporate limits of an incorporated city or village. Total acreage selected: [______] acres.

If the entire tract owned by Declarant exceeds the statutory area:

II.D Title and Ownership

II.E Encumbrances

III. Declarations

Declarant, being first duly sworn, declares and states:

1. Declarant resides upon the real property described in Section II as Declarant's primary residence.
2. Declarant is a natural person residing in the State of Nebraska and qualifies to select and claim a homestead under Neb. Rev. Stat. §§ 40-101 and 40-102.
3. Declarant claims, selects, and dedicates the property described in Section II as Declarant's homestead under Nebraska law and asserts the homestead exemption to its fullest extent, currently up to the statutory cap of one hundred twenty thousand dollars ($120,000) under Neb. Rev. Stat. § 40-101 as amended by 2024 Neb. Laws LB 1195, effective July 18, 2024.
4. The acreage or lot configuration selected does not exceed the limits of § 40-101 (160 rural acres or two contiguous urban lots).
5. Declarant has not previously selected or claimed a different parcel as a Nebraska homestead that remains effective; if any prior declaration exists, it is hereby abandoned to the extent inconsistent with this instrument.

6. Declarant understands that the homestead exemption does not protect against:
   a. Liens for the purchase money of the homestead (vendor's liens), § 40-103;
   b. Construction liens for labor or materials furnished for improvements to the homestead, § 40-103;
   c. Mortgages or deeds of trust voluntarily executed by Declarant (and where required, by Declarant's spouse), § 40-104;
   d. Liens for taxes and special assessments;
   e. Federal tax liens;
   f. Domestic support obligations under federal and Nebraska law.

7. Declarant understands that, under Nebraska law, the homestead attaches automatically to property occupied as a residence and that recording this Declaration is permissive, not jurisdictional, and is recorded for the purpose of providing public notice and evidence of selection.

8. Declarant has read and understands the entire content of this instrument.

IV. Spousal Joinder (if applicable)

The undersigned spouse of Declarant joins in this Declaration for the purpose of (i) consenting to the selection of the property as the family homestead and (ii) acknowledging that any future conveyance, mortgage, or encumbrance of the homestead must comply with Neb. Rev. Stat. § 40-104, as amended by 2024 Neb. Laws LB 1195, which provides that the claimant must execute the instrument and that, when the homestead is owned jointly or by tenancy by the entirety, both joint owners must execute as required by law.

V. Bankruptcy-Specific Acknowledgments

If this Declaration is executed in connection with, or in contemplation of, a bankruptcy filing, Declarant further acknowledges:

Conversion / Lookback Diagnostic

VI. Execution and Acknowledgment

Executed at [____________], Nebraska, this [____] day of [____________], 20[____].

Notarial Acknowledgment

STATE OF NEBRASKA
COUNTY OF [________________]

On this [____] day of [____________], 20[____], before me, the undersigned, a notary public duly commissioned and qualified for and residing in said county and state, personally appeared [DECLARANT NAME] [and [SPOUSE NAME], his/her spouse], to me known to be the identical person(s) whose name(s) is/are affixed to the foregoing instrument, and acknowledged the execution thereof to be his/her/their voluntary act and deed.

Witness my hand and notarial seal the date last above written.

VII. Recording Instructions

1. Record this Declaration in the office of the Register of Deeds of the county in which the real property described in Section II is located.
2. Recording fee: confirm with the county Register of Deeds (typically per Neb. Rev. Stat. § 33-109).
3. Index against the Declarant's name and the legal description.
4. Retain a certified copy with the bankruptcy schedules (Schedule C) if filing in the U.S. Bankruptcy Court for the District of Nebraska.
5. Provide a copy to any title insurer involved in pending or future transactions.

Exhibit A — Legal Description

[Insert full legal description, including metes and bounds or platted lot/block reference. If a survey is attached, label as Exhibit A-1.]

[________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________]

Exhibit B — Survey or Plat (optional)

[Attach surveyor's drawing, county plat extract, or sketch indicating the boundary of the homestead within any larger parcel. Required where the parcel exceeds the statutory acreage or lot count and a portion is being selected.]

Sources and References

• Neb. Rev. Stat. § 40-101 (homestead defined; exempted) — https://nebraskalegislature.gov/laws/statutes.php?statute=40-101
• Neb. Rev. Stat. § 40-102 (selection; head-of-family / age-65 limitation) — https://nebraskalegislature.gov/laws/statutes.php?statute=40-102
• Neb. Rev. Stat. § 40-103 (encumbrance; spousal-execution rule as amended) — https://nebraskalegislature.gov/laws/statutes.php?statute=40-103
• Neb. Rev. Stat. § 40-104 (conveyance; assertion of invalidity)
• Neb. Rev. Stat. §§ 40-110, 40-111 (set-off and appraisement when tract exceeds statutory area)
• Neb. Rev. Stat. § 40-115 (head of family) — https://nebraskalegislature.gov/laws/statutes.php?statute=40-115
• 2024 Neb. Laws LB 1195 (homestead increase to $120,000, eff. July 18, 2024)
• Neb. Rev. Stat. § 25-15,105 (federal exemption opt-out)
• Neb. Rev. Stat. § 25-1552 ("in lieu of homestead" wildcard)
• 11 U.S.C. § 522(b)(3)(A), (o), (p) (homestead in bankruptcy)
• In re Hudson, BK23-80946-BSK (Bankr. D. Neb. Feb. 7, 2024) (homestead boundary analysis)
• Knudsen Law, "Nebraska Homestead Increased to $120,000" (commentary on LB 1195)
• Neb. Debt & Bankruptcy Blog, "Nebraska Homestead Exemption: New Bankruptcy Court Opinion Issued" (2024)