reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 40 - Homesteads › 40-102 - Homestead; selection of property.

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
Laws 1879, § 2, p. 58;
R.S.1913, § 3077;
C.S.1922, § 2817;
C.S.1929, § 40-102;
R.S.1943, § 40-102;
Laws 2010, LB907, § 1;
Laws 2014, LB964, § 1.
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).
2023 Nebraska Revised Statutes › Chapter 40 - Homesteads › 40-103 - Homestead; exemption; when inoperative.

40-103.
Homestead; exemption; when inoperative.
The homestead is subject to execution or forced sale in satisfaction of judgments obtained (1) on debts secured by mechanics', laborers', or vendors' liens upon the premises and (2) on debts secured by mortgages or trust deeds upon the premises executed and acknowledged by both husband and wife, or an unmarried claimant.
Source
Laws 1879, § 3, p. 58;
R.S.1913, § 3078;
C.S.1922, § 2818;
C.S.1929, § 40-103;
R.S.1943, § 40-103;
Laws 1997, LB 372, § 5.
Annotations
1. Lien
2. Exceptions
3. Constitutionality
1. Lien
Lack of statutory acknowledgment to an improvement mortgage on homestead does not preclude enforcement of mortgage. Miles Homes, Inc. v. Muhs, 184 Neb. 617, 169 N.W.2d 691 (1969).
Homestead is subject to debts specified in this section. Schroeder v. Ely, 161 Neb. 262, 73 N.W.2d 172 (1955).
Fine and costs imposed for criminal offense create lien on homestead of convict and homestead is subject to sale under execution issued on such judgment for fine and cost. Mancuso v. State, 123 Neb. 204, 242 N.W. 430 (1932).
Married man informing lender that he intended to use borrowed money to pay for homestead is not sufficient to entitle lender to lien. Engaard v. Schmidt, 103 Neb. 369, 171 N.W. 905 (1919).
Purchase money mortgage is valid as against homestead claim. Peterson v. Fisher, 85 Neb. 745, 124 N.W. 145 (1910).
Judgment for alimony is lien on homestead, title whereof is in husband. Best v. Zutavern, 53 Neb. 604, 74 N.W. 64 (1898).
Homestead is subject to sale on mechanics' lien. Phelps & Bigelow Windmill Co. v. Shay, 32 Neb. 19, 48 N.W. 896 (1891).
2. Exceptions
A vendor's lien is one of the exceptions to homestead statute. Corn Belt Products Co. v. Mullins, 172 Neb. 561, 110 N.W.2d 845 (1961).
Exceptions are set forth which permit sale of homestead. Ehlers v. Campbell, 159 Neb. 328, 66 N.W.2d 585 (1954).
Exceptions referred to in section 40-117 are mechanics', laborers', and vendors' liens, and mortgages duly executed. Judson v. Creighton, 88 Neb. 37, 128 N.W. 651 (1910).
Provisions of civil code relating to exemptions have no application to property exempt as a homestead. Fox v. McClay, 48 Neb. 820, 67 N.W. 888 (1896).
As in the case of a mortgage, there is no homestead exemption for debts secured by a trust deed, foreclosed in the same manner as a mortgage, and executed and acknowledged by both husband and wife. Travelers Ins. Co. v. Nelson, 4 Neb. App. 551, 546 N.W.2d 333 (1996).
3. Constitutionality
This section neither contravenes 11 U.S.C. sec. 522(f)(1) nor violates Neb. Const., art. I, sec. 3, or art. III, sec. 18. Federal Land Bank of Omaha v. Blankemeyer, 228 Neb. 249, 422 N.W.2d 81 (1988).
2023 Nebraska Revised Statutes › Chapter 40 - Homesteads › 40-105 - Homestead; selection; procedure.

40-105.
Homestead; selection; procedure.
When an execution for the enforcement of a judgment obtained in a case not within the classes enumerated in section 40-103 is levied upon the lands or tenements of a claimant, the claimant may at any time prior to confirmation of sale apply to the district court in the county in which the homestead is situated 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.
Source
Laws 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;
Laws 2014, LB964, § 2.
Annotations
Application 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).
2023 Nebraska Revised Statutes › Chapter 40 - Homesteads › 40-106 - Homestead; selection; application; contents.

40-106.
Homestead; selection; application; contents.
The application must show (1) the fact that an execution has been levied upon property which is claimed as a homestead, (2) the name of the judgment creditor, (3) the facts which give rise to a homestead exemption, and (4) the value of the homestead.
Source
Laws 1879, § 6, p. 59;
R.S.1913, § 3081;
C.S.1922, § 2821;
C.S.1929, § 40-106;
R.S.1943, § 40-106;
Laws 1947, c. 153, § 2, p. 420.
Annotations
Procedure for selection of homestead was in conformity with statute. Sanne v. Sanne, 167 Neb. 683, 94 N.W.2d 367 (1959).
2023 Nebraska Revised Statutes › Chapter 40 - Homesteads › 40-107 - Homestead; selection; application; filing; service.

40-107.
Homestead; selection; application; filing; service.
The application must be filed with the clerk of the district court, and a copy thereof, with notice of the time and place of hearing, be served upon the judgment creditor or his attorney of record and the officer making the levy at least ten days before the hearing. The hearing may be had before or at the hearing on confirmation of sale.
Source
Laws 1879, § 7, p. 59;
R.S.1913, § 3082;
C.S.1922, § 2822;
C.S.1929, § 40-107;
R.S.1943, § 40-107;
Laws 1947, c. 153, § 3, 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).
2023 Nebraska Revised Statutes › Chapter 40 - Homesteads › 40-108 - Homestead; selection; hearing.

40-108.
Homestead; selection; hearing.
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.
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).
2023 Nebraska Revised Statutes › Chapter 40 - Homesteads › 40-110 - Homestead; when set off; selection of other lands.

40-110.
Homestead; when set off; selection of other lands.
If from the evidence it appears that the land upon which the execution has been levied can be divided without material injury, the court shall, by an order, set off to the claimant so much of the land, including the residence, not exceeding the quantity prescribed in section 40-101, as will amount in value to the homestead exemption, and the execution may be enforced against the remainder of the land, except that if the residence and the ground on which it is situated, with five acres surrounding the same, amount in value to more than the homestead exemption, other lands may be selected on which no building or residence stands as the homestead for the debtor and his or her family.
Source
Laws 1879, § 10, p. 59;
R.S.1913, § 3085;
C.S.1922, § 2825;
Laws 1927, c. 111, § 1, p. 315;
C.S.1929, § 40-110;
R.S.1943, § 40-110;
Laws 1947, c. 153, § 5, p. 421;
Laws 1986, LB 999, § 3.
Annotations
If property is not capable of division, exemption should be granted from proceeds of sale. Schroeder v. Ely, 161 Neb. 262, 73 N.W.2d 172 (1955).
2023 Nebraska Revised Statutes › Chapter 40 - Homesteads › 40-111 - Indivisible homestead; sale; conditions.

40-111.
Indivisible homestead; sale; conditions.
If from the evidence it appears that the land upon which the execution has been levied cannot be divided, the court shall, unless a sale has already been held, make an order directing the sale of the land under the execution; but at such sale no bid must be received unless it exceeds the amount of the homestead exemption. Where a sale has already been held, the proceeds of sale to an amount equaling the homestead exemption shall be set off to the judgment debtor as exempt, and the balance distributed as provided by order of the court.
Source
Laws 1879, § 11, p. 60;
R.S.1913, § 3086;
C.S.1922, § 2826;
C.S.1929, § 40-111;
R.S.1943, § 40-111;
Laws 1947, c. 153, § 6, p. 422.
Annotations
Bid cannot be received unless it exceeds amount of homestead exemption and other existing valid liens. Sanne v. Sanne, 167 Neb. 683, 94 N.W.2d 367 (1959).
2023 Nebraska Revised Statutes › Chapter 40 - Homesteads › 40-112 - Indivisible homestead; sale; proceeds; disposition.

40-112.
Indivisible homestead; sale; proceeds; disposition.
If the sale is made, the proceeds thereof, to the amount of the homestead exemption, must be paid to the claimant, and the balance applied to the satisfaction of the execution.
Source
Laws 1879, § 12, p. 60;
R.S.1913, § 3087;
C.S.1922, § 2827;
C.S.1929, § 40-112;
R.S.1943, § 40-112.
Annotations
Sheriff's deed on execution sale of homestead passes title to purchaser, where homestead interest is extinguished by mortgage thereof. Hess v. Eselin, 110 Neb. 590, 194 N.W. 469 (1923).
2023 Nebraska Revised Statutes › Chapter 40 - Homesteads › 40-113 - Indivisible homestead; sale; surplus proceeds; protection.

40-113.
Indivisible homestead; sale; surplus proceeds; protection.
The money paid to the claimant is entitled, for the period of six months thereafter, to the same protection against legal process and the voluntary disposition of the claimant which the law gives to the homestead.
Source
Laws 1879, § 13, p. 60;
R.S.1913, § 3088;
C.S.1922, § 2828;
C.S.1929, § 40-113;
R.S.1943, § 40-113.
Annotations
Sheriff's deed on execution sale of homestead passes title to purchaser, where homestead interest is extinguished by mortgage thereof. Hess v. Eselin, 110 Neb. 590, 194 N.W. 469 (1923).
2023 Nebraska Revised Statutes › Chapter 40 - Homesteads › 40-116 - Homestead; protection of surplus after execution sale.

40-116.
Homestead; protection of surplus after execution sale.
If the homestead be conveyed by the claimant, or sold for the satisfaction of any lien mentioned in section 40-103, the proceeds of such sale, beyond the amount necessary to the satisfaction of such lien, and not exceeding the amount of the homestead exemption, shall be entitled, for the period of six months thereafter, to the same protection against legal process and the voluntary disposition of the claimant which the law gives to the homestead. The sale and disposition of one homestead shall not be held to prevent the selection or purchase of another, as provided in sections 40-101 to 40-116.
Source
Laws 1879, § 16, p. 61;
R.S.1913, § 3091;
C.S.1922, § 2831;
C.S.1929, § 40-116;
R.S.1943, § 40-116.
Annotations
Protection accorded to the proceeds of the sale of a homestead applies to property received in exchange for the homestead, not exceeding in value the amount of the exemption. Meyer v. Platt, 137 Neb. 714, 291 N.W. 86 (1940).
Under former law, proceeds arising from sale of homestead, not exceeding two thousand dollars, was protected for period of six months, to same extent as homestead. Corey v. Plummer, 48 Neb. 481, 67 N.W. 445 (1896); Prugh v. Portsmouth Savings Bank, 48 Neb. 414, 67 N.W. 309 (1896); Scheel v. Lackner, 4 Neb. Unof. 221, 93 N.W. 741 (1903).
2023 Nebraska Revised Statutes › Chapter 41 - Hotels and Inns › 41-201 - Definitions, where found.

41-201.
Definitions, where found.
For purposes of sections 41-201 to 41-214, unless the context otherwise requires, the definitions found in sections 41-202 to 41-207 shall be used.
Source
Laws 1982, LB 547, § 1.
2023 Nebraska Revised Statutes › Chapter 41 - Hotels and Inns › 41-202 - Hotel, defined.

41-202.
Hotel, defined.
Hotel shall mean every building or other structure kept, used, maintained, advertised, or held out to the public to be a place where sleeping and other accommodations are offered for pay, principally to transient guests, in which ten or more persons are accommodated or five or more rooms are used principally for the accommodation of transient guests, with or without one or more dining rooms or cafes where meals or lunches are served to such guests, together with any buildings in connection therewith.
Source
Laws 1982, LB 547, § 2.
2023 Nebraska Revised Statutes › Chapter 41 - Hotels and Inns › 41-204 - Rooming house, defined.

41-204.
Rooming house, defined.
Rooming house shall mean every building or other structure kept, used, maintained, advertised, or held out to the public to be a place where sleeping accommodations are furnished for pay to transient or permanent guests in which five or more rooms are used for the accommodation of such guests, but which does not maintain dining rooms or cafes in connection therewith, and which has not been designated as a hotel or boarding house.
Source
Laws 1982, LB 547, § 4.
2023 Nebraska Revised Statutes › Chapter 41 - Hotels and Inns › 41-205 - Boarding house, defined.

41-205.
Boarding house, defined.
Boarding house shall mean every building or other structure kept, used, maintained, advertised, or held out to the public to be a place where sleeping and other accommodations are furnished for pay to transient or permanent guests in which five or more rooms are used for the accommodation of such guests, which maintains a dining room, cafe, or common kitchen for the use of the guests in connection therewith, and in which social or domestic services may be provided at the request of the guest to assist such guest in daily living activities, and which has not been designated as a hotel, restaurant, or cafe.
Source
Laws 1982, LB 547, § 5.
2023 Nebraska Revised Statutes › Chapter 41 - Hotels and Inns › 41-206 - Apartment house, defined.

41-206.
Apartment house, defined.
Apartment house shall mean every building or other structure kept, used, maintained, advertised, or held out to the public to be a place where accommodations for living rooms, either furnished or unfurnished, single or in suites for light housekeeping, or both, are furnished for permanent guests, but where no dining room or cafe is maintained in the same building or under the same management, and where five or more tenants occupy such buildings, together with any buildings in connection therewith.
Source
Laws 1982, LB 547, § 6.
2023 Nebraska Revised Statutes › Chapter 41 - Hotels and Inns › 41-207 - Guests, defined.

41-207.
Guests, defined.
Guests shall mean and include all persons who have registered on a register provided for such purpose by hotels, motels, and rooming houses, whether assigned a room or rooms or not, occupants of apartments, patrons of restaurants, or persons who have signified their intention in writing to become a guest of such hotel, restaurant, apartment house, motel, or rooming house.
Source
Laws 1982, LB 547, § 7.
2023 Nebraska Revised Statutes › Chapter 41 - Hotels and Inns › 41-209 - Proprietor's liability for baggage and wearing apparel; amount.

41-209.
Proprietor's liability for baggage and wearing apparel; amount.
Every person, firm, or corporation maintaining, operating, or conducting a hotel, restaurant, apartment house, motel, or rooming house, where a suitable room or rooms are provided for the reception and keeping of trunks, packages, wearing apparel, and similar articles, who, on the request of a bona fide guest of such place of business, receives for safekeeping any trunk, bag, or articles of wearing apparel, or similar articles shall (1) issue to such guest a receipt or check therefor, (2) be responsible for such property so taken, and (3) be liable for loss, damage, or injury to such property, except that the person, firm, or corporation, operating such hotel, restaurant, apartment house, motel, or rooming house, shall not be required to receive and be responsible for any (a) trunk and its contents to the value of more than two hundred dollars, (b) valise, grip, or sample case and its contents to the value of more than seventy-five dollars, (c) box, bundle, or package and its contents to the value of more than twenty-five dollars, or (d) miscellaneous other effects, including wearing apparel and personal belongings so checked to the value of more than seventy-five dollars, unless he or she shall have consented in writing with such guest to assume a greater responsibility.
Source
Laws 1982, LB 547, § 9.
2023 Nebraska Revised Statutes › Chapter 41 - Hotels and Inns › 41-210 - Proprietor's liability; limitation.

41-210.
Proprietor's liability; limitation.
The limitations of liability, provided for in sections 41-208 and 41-209, shall apply to all property brought upon the premises of the hotel, restaurant, apartment house, motel, or rooming house for forty-eight hours after the guest has ceased occupying the premises and paid his or her bill therefor, which shall terminate the relation of keeper and guest, except that the keeper or owner may continue to hold such property at the risk of the guest or owner of such property.
Source
Laws 1982, LB 547, § 10.
2023 Nebraska Revised Statutes › Chapter 41 - Hotels and Inns › 41-211 - Proprietor's liability; limitation; notice; declaration of value; display copy of law.

41-211.
Proprietor's liability; limitation; notice; declaration of value; display copy of law.
For any loss of or damage to any property left by a guest after he or she has departed from any hotel, restaurant, apartment house, motel, or rooming house and ceased to be a guest thereof, the liability of the proprietor thereof, whether or not such loss or damage is occasioned by the negligence of such proprietor or his or her agents or servants, shall be that of a gratuitous bailee and the amount which may be recovered against such proprietor shall not exceed the sum of two hundred fifty dollars unless the guest shall have declared a greater value upon the property in writing and delivered such declaration, while a guest thereof, to the hotel, restaurant, apartment house, motel, or rooming house, in which event recovery of the actual damages sustained may be allowed in an amount not in excess of the value so declared. Forms for making such declaration shall be furnished by the hotel, restaurant, apartment house, motel, or rooming house. A copy thereof, signed by the proprietor or his or her agent, shall be delivered to the guest. A copy of this section printed in not smaller than ten-point type shall be conspicuously posted in the public areas and in each room of each hotel, restaurant, apartment house, motel, or rooming house desiring to obtain the benefit of this section.
Source
Laws 1982, LB 547, § 11.
2023 Nebraska Revised Statutes › Chapter 41 - Hotels and Inns › 41-212 - Proprietor's liability for property being transported; limitation; declaration; display copy of law.

41-212.
Proprietor's liability for property being transported; limitation; declaration; display copy of law.
For any loss of or damage to any property of a guest while in transport to or from any hotel, restaurant, apartment house, motel, or rooming house, whether or not such loss or damage is occasioned by the negligence of such proprietor or his or her agents or servants, the amount which may be recovered against such proprietor shall not exceed five hundred dollars unless the guest shall have declared a greater value upon the property in writing and delivered such declaration, while a guest thereof, to the hotel, restaurant, apartment house, motel, or rooming house, in which event recovery of the actual damages sustained may be allowed in an amount not in excess of the value so declared. Forms for making such declaration shall be furnished by the hotel, restaurant, apartment house, motel, or rooming house. A copy thereof, signed by the proprietor or his or her agent, shall be delivered to the guest. A copy of this section printed in not smaller than ten-point type shall be conspicuously posted in the public areas and in each room of each hotel, restaurant, apartment house, motel, or rooming house desiring to obtain the benefit of this section.
Source
Laws 1982, LB 547, § 12.
2023 Nebraska Revised Statutes › Chapter 41 - Hotels and Inns › 41-213 - Proprietor's liability; negligence of proprietor or agents; limitation; declaration; display copy of law.

41-213.
Proprietor's liability; negligence of proprietor or agents; limitation; declaration; display copy of law.
For any loss of or damage to any property brought into any hotel, restaurant, apartment house, motel, or rooming house, arising out of the negligence of the proprietor or his or her agents or servants, the proprietor thereof shall not be liable for an amount in excess of one thousand dollars unless such guest shall have declared a greater value upon the property in writing and delivered such declaration, while a guest thereof, to the hotel, restaurant, apartment house, motel, or rooming house, in which event recovery of the actual damages sustained may be allowed but not in excess of the value so declared. Forms for making such declaration shall be furnished by the hotel, restaurant, apartment house, motel, or rooming house. A copy thereof signed by the proprietor or his or her agent shall be delivered to the guest. A copy of this section printed in not smaller than ten-point type shall be conspicuously posted in the public areas and in each room of each hotel, restaurant, apartment house, motel, or rooming house desiring to obtain the benefit of this section.
Source
Laws 1982, LB 547, § 13.
2023 Nebraska Revised Statutes › Chapter 41 - Hotels and Inns › 41-214 - Proprietor's liability; notice of loss required; when; display copy of law.

41-214.
Proprietor's liability; notice of loss required; when; display copy of law.
There shall be no liability on the part of the proprietor of any hotel, apartment house, rooming house, restaurant, or motel, for loss of, or damage to, any property of guests of such place of business unless within seven days from the time of discovery of any loss or damage, such loss or damage is reported in writing to such proprietor. A copy of this section in not smaller than ten-point type shall be conspicuously posted in the public areas and in each room of each hotel, restaurant, apartment house, motel, or rooming house desiring to obtain the benefit of this section.
Source
Laws 1982, LB 547, § 14.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-101 - Marriage a civil contract.

42-101.
Marriage a civil contract.
In law, marriage is considered a civil contract, to which the consent of the parties capable of contracting is essential.
Source
R.S.1866, c. 34, § 1, p. 254;
R.S.1913, § 1540;
C.S.1922, § 1489;
C.S.1929, § 42-101;
R.S.1943, § 42-101.
Cross References
Agreements based on consideration of marriage, must be written, see section 36-202.
Child whose parents marry is legitimate, see section 43-1406.
Annotations
1. Nature of contract
2. Agreement of parties
3. Validity of marriage
4. Common-law marriage
5. Miscellaneous
1. Nature of contract
Although this section denotes marriage as a "civil contract," persons entering into matrimony establish a social status, not a contractual relation. Edmunds v. Edwards, 205 Neb. 255, 287 N.W.2d 420 (1980).
Where consent is obtained by fraud, marriage may be annulled. Zutavern v. Zutavern, 155 Neb. 395, 52 N.W.2d 254 (1952).
Marriage is a civil contract which, if procured by fraud, may be set aside. Hudson v. Hudson, 151 Neb. 210, 36 N.W.2d 851 (1949).
State is always a party. Willits v. Willits, 76 Neb. 228, 107 N.W. 379 (1906).
Consent of state is necessary. Eaton v. Eaton, 66 Neb. 676, 92 N.W. 995 (1902).
Marriage is a social status, and only in a limited sense is the relation contractual. University of Michigan v. McGuckin, 64 Neb. 300, 89 N.W. 778 (1902).
2. Agreement of parties
Consent of parties mentally competent is required. Kutch v. Kutch, 88 Neb. 114, 129 N.W. 169 (1910).
Mental weakness alone does not avoid contract. Aldrich v. Steen, 71 Neb. 33, 98 N.W. 445 (1904).
3. Validity of marriage
It is not a ground for annulment that license was wrongfully obtained where parties are competent and marriage is fully consummated. Baker v. Baker, 112 Neb. 738, 200 N.W. 1003 (1924).
Marriages valid in Indian tribe under Indian customs, are valid here. Ortley v. Ross, 78 Neb. 339, 110 N.W. 982 (1907).
Marriage is valid where minds of competent parties meet. University of Michigan v. McGuckin, 62 Neb. 489, 87 N.W. 180 (1901).
Where marriage is celebrated in good faith, it is binding though parties had agreed it should not be. Hills v. State, 61 Neb. 589, 85 N.W. 836 (1901).
4. Common-law marriage
Since 1923, common-law marriages cannot be made in this state. Collins v. Hoag & Rollins, 122 Neb. 805, 241 N.W. 766 (1932), reversing 121 Neb. 716, 238 N.W. 351 (1931).
5. Miscellaneous
Agreements to separate are against public policy. Brun v. Brun, 64 Neb. 782, 90 N.W. 860 (1902).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-102 - Minimum age; affliction with venereal disease, disqualification.

42-102.
Minimum age; affliction with venereal disease, disqualification.
At the time of the marriage the male must be of the age of seventeen years or upward, and the female of the age of seventeen years or upward. No person who is afflicted with a venereal disease shall marry in this state.
Source
R.S.1866, c. 34, § 2, p. 254;
R.S.1913, § 1541;
C.S.1922, § 1490;
Laws 1923, c. 40, § 1, p. 154;
C.S.1929, § 42-102;
R.S.1943, § 42-102;
Laws 1963, c. 242, § 1, p. 735;
Laws 1965, c. 230, § 1, p. 673;
Laws 1971, LB 728, § 1;
Laws 1978, LB 165, § 1.
Cross References
Marriage ends person's minority, see section 43-2101.
Annotations
Marriage of one afflicted with venereal disease is not void but voidable. Christensen v. Christensen, 144 Neb. 763, 14 N.W.2d 613 (1944).
Where party afflicted with venereal disease enters into marriage with full knowledge thereof, such party is barred from seeking annulment. Christensen v. Christensen, 144 Neb. 763, 14 N.W.2d 613 (1944).
If parties are of the age of consent, the marriage is valid, even though license was wrongfully obtained. Baker v. Baker, 112 Neb. 738, 200 N.W. 1003 (1924).
Prior to 1923, marriage was valid even if there was no license. Melcher v. Melcher, 102 Neb. 790, 169 N.W. 720 (1918).
Father of minor who brings suit to annul marriage of son under age is not liable for child support. Caulk v. Caulk, 91 Neb. 638, 136 N.W. 845 (1912).
Marriage of infant under age is voidable, but is valid until annulled by court. Willits v. Willits, 76 Neb. 228, 107 N.W. 379 (1906).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-103 - Marriages; when void.

42-103.
Marriages; when void.
Marriages are void (1) when either party has a husband or wife living at the time of the marriage, (2) when either party, at the time of marriage, is mentally incompetent to enter into the marriage relation, and (3) when the parties are related to each other as parent and child, grandparent and grandchild, brother and sister of half as well as whole blood, first cousins when of whole blood, uncle and niece, and aunt and nephew. This subdivision extends to children and relatives born out of wedlock as well as those born in wedlock.
Source
R.S.1866, c. 34, § 3, p. 254;
Laws 1911, c. 76, § 1, p. 322;
Laws 1913, c. 72, § 1, p. 216;
R.S.1913, § 1542;
C.S.1922, § 1491;
C.S.1929, § 42-103;
R.S.1943, § 42-103;
Laws 1963, c. 243, § 1, p. 736;
Laws 1976, LB 990, § 1;
Laws 1986, LB 1177, § 14;
Laws 1989, LB 22, § 1.
Cross References
Bigamy, penalty, see section 28-701.
Incest, penalty, see section 28-703.
Incestuous marriages are void, see section 28-702.
Annotations
1. Void marriage, party has spouse
2. Void marriage, mental illness
3. Void marriage, related parties
4. Miscellaneous
1. Void marriage, party has spouse
A marriage contract between a man and a woman, one of whom is married, is void. Boersen v. Huffman, 189 Neb. 469, 203 N.W.2d 489 (1973); Scott v. Scott, 153 Neb. 906, 46 N.W.2d 627 (1951), 23 A.L.R.2d 1431 (1951).
Marriage within six months of divorce is void, but cohabitation after impediment is removed, though removal is unknown, validates. Aldrich v. Steen, 71 Neb. 33, 98 N.W. 445 (1904); Eaton v. Eaton, 66 Neb. 676, 92 N.W. 995 (1902).
Applicant for widow's social security benefits denied entitlement where evidence revealed purported marriage to deceased consummated during interlocutory period of deceased's former divorce. McGuire v. Califano, 440 F.Supp. 1031 (D. Neb. 1977).
2. Void marriage, mental illness
In action to annul marriage, mental illness of party was not of such nature as to render marriage void. Homan v. Homan, 181 Neb. 259, 147 N.W.2d 630 (1967).
Absolute inability to contract, insanity or idiocy, but not mental weakness alone, will make marriage void. Aldrich v. Steen, 71 Neb. 33, 98 N.W. 445 (1904).
3. Void marriage, related parties
Marriage in Iowa of first cousins, residents of Nebraska, is valid here. Staley v. State, 89 Neb. 701, 131 N.W. 1028 (1911).
4. Miscellaneous
A marriage that is void is not valid for any legal purpose. State v. Johnson, 310 Neb. 527, 967 N.W.2d 242 (2021).
It is generally held that a marriage is not void unless the statutes expressly so declare and that courts should not so construe it unless the legislative intent to such effect is clear and unequivocal. State v. Johnson, 310 Neb. 527, 967 N.W.2d 242 (2021).
Marriages are void under this section only if there existed at the time of marriage such a want of understanding as to render the party incapable of assenting thereto. Edmunds v. Edwards, 205 Neb. 255, 287 N.W.2d 420 (1980).
This section declares what marriages are void. Baker v. Baker, 112 Neb. 738, 200 N.W. 1003 (1924).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-105 - Marriage of minor; conditions upon which a license may be issued.

42-105.
Marriage of minor; conditions upon which a license may be issued.
When either party is a minor, no license shall be granted without the written consent under oath of: (1) Either one of the parents of such minor, if the parents are living together; (2) the parent having the legal custody of such minor, if the parents are living separate and apart from each other; (3) the surviving parent, if one of the parents of such minor is deceased; or (4) the guardian, conservator, or person under whose care and government such minor may be, if both parents of such minor are deceased or if such guardian, conservator, or person has the legal and actual custody of such minor. The county clerk shall be justified in issuing the license, without further proof, upon receiving an affidavit setting forth the facts with reference to the conditions above specified and giving consent to the marriage, signed by the person authorized to give written consent under such circumstances.
Source
R.S.1866, c. 34, § 5, p. 254;
R.S.1913, §§ 1543, 1544;
C.S.1922, §§ 1492, 1493;
Laws 1923, c. 40, § 2, p. 154;
Laws 1925, c. 84, § 1, p. 261;
C.S.1929, §§ 42-104, 42-105;
R.S.1943, § 42-105;
Laws 1945, c. 99, § 1, p. 327;
Laws 1975, LB 481, § 28;
Laws 1986, LB 525, § 5.
Annotations
Above section relates to the obtaining of license, and does not go to validity of marriage. Baker v. Baker, 112 Neb. 738, 200 N.W. 1003 (1924).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-106 - License issued by county clerk; contents; marriage record; forms.

42-106.
License issued by county clerk; contents; marriage record; forms.
When an application is made for a license to the county clerk, he or she shall, upon the granting of such license, state in the license the information contained in the application as provided in section 42-104. The license shall, prior to the issuing thereof, be entered of record in the office of the county clerk in a suitable book to be provided for that purpose.
The forms for the application, license, and certificate of marriage shall be provided by the Department of Health and Human Services at actual cost as determined by the department.
Source
R.S.1866, c. 34, § 6, p. 254;
Laws 1869, § 1, p. 167;
R.S.1913, § 1545;
C.S.1922, § 1494;
C.S.1929, § 42-106;
R.S.1943, § 42-106;
Laws 1971, LB 728, § 3;
Laws 1986, LB 525, § 6;
Laws 1989, LB 344, § 3;
Laws 1996, LB 1044, § 96;
Laws 2007, LB296, § 55.
Cross References
Fee for proceedings, see section 33-110.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-107 - License; issuance prohibited, when.

42-107.
License; issuance prohibited, when.
If the required proof is not given, if it shall appear that either of the parties is legally incompetent to enter into such contract or that there is any impediment in the way, or if either party is a minor and the consent mentioned in section 42-105 shall not be given, the county clerk shall refuse to grant a license.
Source
R.S.1866, c. 34, § 7, p. 255;
R.S.1913, § 1546;
C.S.1922, § 1495;
C.S.1929, § 42-107;
R.S.1943, § 42-107;
Laws 1971, LB 728, § 4;
Laws 1986, LB 525, § 7.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-108 - Marriage ceremony; who may perform; return; contents.

42-108.
Marriage ceremony; who may perform; return; contents.
Every judge, retired judge, clerk magistrate, or retired clerk magistrate, and every preacher of the gospel authorized by the usages of the church to which he or she belongs to solemnize marriages, may perform the marriage ceremony in this state. Every such person performing the marriage ceremony shall make a return of his or her proceedings in the premises, showing the names and residences of at least two witnesses who were present at such marriage. The return shall be made to the county clerk who issued the license within fifteen days after such marriage has been performed. The county clerk shall record the return or cause it to be recorded in the same book where the marriage license is recorded.
Source
R.S.1866, c. 34, § 8, p. 255;
Laws 1869, § 2, p. 168;
R.S.1913, § 1547;
C.S.1922, § 1496;
Laws 1927, c. 77, § 1, p. 242;
C.S.1929, § 42-108;
R.S.1943, § 42-108;
Laws 1951, c. 124, § 1, p. 542;
Laws 1971, LB 42, § 2;
Laws 1972, LB 1032, § 249;
Laws 1973, LB 226, § 28;
Laws 1981, LB 55, § 1;
Laws 1986, LB 525, § 8;
Laws 2006, LB 1115, § 28.
Annotations
While certain named classes of persons and officials are authorized to perform the marriage ceremony, they are not the only persons that have that authority. Collins v. Hoag & Rollins, 122 Neb. 805, 241 N.W. 766 (1932).
Performance of ceremony is not obligatory on clergyman or judges. Douglas County v. Vinsonhaler, 82 Neb. 810, 118 N.W. 1058 (1908).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-109 - Ceremony; requirements.

42-109.
Ceremony; requirements.
In the solemnization of marriage no particular form shall be required, except that the parties shall solemnly declare in the presence of the magistrate or minister and the attending witnesses, that they take each other as husband and wife; and in any case there shall be at least two witnesses, besides the minister or magistrate present at the ceremony.
Source
R.S.1866, c. 34, § 9, p. 255;
R.S.1913, § 1548;
C.S.1922, § 1497;
C.S.1929, § 42-109;
R.S.1943, § 42-109.
Annotations
Presence of clergyman or magistrate is not indispensable. Gibson v. Gibson, 24 Neb. 394, 39 N.W. 450 (1888).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-110 - Marriage certificate; provided to parties; form.

42-110.
Marriage certificate; provided to parties; form.
Whenever a marriage shall have been solemnized pursuant to the provisions of sections 42-101 to 42-117, the minister or magistrate who solemnized the same shall give to each of the parties, on request, a certificate under his hand, specifying the names, ages and places of residence of the parties married, the names and residences of at least two witnesses who were present at such marriage, and the time and place thereof.
Source
R.S.1866, c. 34, § 10, p. 255;
R.S.1913, § 1549;
C.S.1922, § 1498;
C.S.1929, § 42-110;
R.S.1943, § 42-110.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-112 - Returns; record.

42-112.
Returns; record.
The county clerk of each county in the state shall record all such returns of such marriages in a book to be kept for that purpose within one month after receiving the returns.
Source
R.S.1866, c. 34, § 12, p. 255;
R.S.1913, § 1551;
C.S.1922, § 1500;
C.S.1929, § 42-112;
R.S.1943, § 42-112;
Laws 1986, LB 525, § 9.
Cross References
County clerk, reports to Department of Health and Human Services, see section 71-614.
Department of Health and Human Services, marriage records, duties, see section 71-616.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-113 - Violations; penalty.

42-113.
Violations; penalty.
If any justice, minister, or other person whose duty it is to make and transmit to the county clerk such certificate shall neglect to make and deliver the same; if the county clerk shall neglect to record such certificate; if any person shall undertake to join others in marriage, knowing that he or she is not legally authorized so to do or knowing of any legal impediment to the proposed marriage; if any person authorized to solemnize any marriage shall willfully and knowingly make a false certificate of any marriage to the county clerk; or if the county clerk shall willfully and knowingly make a false record of any certificate of marriage, he or she shall be guilty of a Class I misdemeanor.
Source
R.S.1866, c. 34, § 13, p. 255;
R.S.1913, § 1552;
C.S.1922, § 1501;
C.S.1929, § 42-113;
R.S.1943, § 42-113;
Laws 1977, LB 40, § 225;
Laws 1986, LB 525, § 10.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-114 - Want of jurisdiction; marriage not void, when.

42-114.
Want of jurisdiction; marriage not void, when.
No marriage solemnized before any person professing to be a minister of the gospel, shall be deemed or adjudged to be void, nor shall the validity thereof be in any way affected on account of any want of jurisdiction or authority in such supposed minister;
Provided,
the marriage be consummated with a full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage.
Source
R.S.1866, c. 34, § 14, p. 256;
R.S.1913, § 1533;
C.S.1922, § 1502;
C.S.1929, § 42-114;
R.S.1943, § 42-114;
Laws 1972, LB 1032, § 250.
Annotations
An ordained minister was authorized to perform a valid marriage ceremony where there was no evidence casting doubt on the minister's authority to solemnize the marriage and where the purported wife believed she had been lawfully joined in marriage. State v. Johnson, 310 Neb. 527, 967 N.W.2d 242 (2021).
This section authorizes anyone to perform a valid marriage ceremony if he holds himself out to be a minister or justice of the peace, provided the marriage is consummated with a full belief on the part of either of the parties that they have been lawfully joined in marriage. Collins v. Hoag & Rollins, 122 Neb. 805, 241 N.W. 766 (1932).
If person before whom marriage solemnized had no authority to perform same but professed to have and was believed to have by both parties so married, or either of them, marriage is valid. Haggin v. Haggin, 35 Neb. 375, 53 N.W. 209 (1892).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-115 - Marriage according to custom of religious society; certificate; transmission to county clerk.

42-115.
Marriage according to custom of religious society; certificate; transmission to county clerk.
It shall be lawful for every religious society to join together in marriage such persons as are of the society, according to the rites and customs of the society to which they belong. The clerk or keeper of the minutes, proceedings, or other book of the religious society in which such marriage shall be had, or if there be no such clerk or keeper of the minutes, then the moderator or person presiding in such society, shall make out and transmit to the county clerk of the county a certificate of the marriage, and the same shall be recorded in the same manner as is provided in sections 42-108 to 42-112.
Source
R.S.1866, c. 34, § 15, p. 256;
R.S.1913, § 1554;
C.S.1922, § 1503;
C.S.1929, § 42-115;
R.S.1943, § 42-115;
Laws 1986, LB 525, § 11.
Annotations
Marriage solemnized under this section is valid. Collins v. Hoag & Rollins, 122 Neb. 805, 241 N.W. 766 (1932).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-116 - Marriage certificate and record as evidence.

42-116.
Marriage certificate and record as evidence.
The original certificate and record of marriage made by the minister, officer, or person, as prescribed in sections 42-101 to 42-117, and the record thereof, made as prescribed, a copy of such record, duly certified by such officer, or an abstract of marriage as defined in section 71-601.01, shall be received in all courts and places as presumptive evidence of the fact of such marriage.
Source
R.S.1866, c. 34, § 16, p. 256;
R.S.1913, § 1555;
C.S.1922, § 1504;
C.S.1929, § 42-116;
R.S.1943, § 42-116;
Laws 2006, LB 1115, § 29.
Annotations
Proof of marriage may be made by either party. Bailey v. State, 36 Neb. 808, 55 N.W. 241 (1893).
Proof of official character of person performing ceremony is unnecessary; marriage may be proved by eyewitness. Lord v. State, 17 Neb. 526, 23 N.W. 507 (1885).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-117 - Marriage contracted out of state; when valid.

42-117.
Marriage contracted out of state; when valid.
All marriages contracted without this state, which would be valid by the laws of the country in which the same were contracted, shall be valid in all courts and places in this state.
Source
R.S.1866, c. 34, § 17, p. 257;
R.S.1913, § 1556;
C.S.1922, § 1505;
C.S.1929, § 42-117;
R.S.1943, § 42-117.
Annotations
If Texas law applied to a situation where a Nebraska marriage license was obtained but the solemnization occurred in Texas, and if Texas would recognize the marriage as valid, then Nebraska would also recognize the marriage as valid. State v. Johnson, 310 Neb. 527, 967 N.W.2d 242 (2021).
Residents of this state cannot enter into common-law marriage by temporary sojourns in another state. Binger v. Binger, 158 Neb. 444, 63 N.W.2d 784 (1954).
Where law of South Dakota was not pleaded, remarriage in South Dakota within three months after entry of divorce decree in Nebraska was invalid. Scott v. Scott, 153 Neb. 906, 46 N.W.2d 627 (1951), 23 A.L.R.2d 1431 (1951).
Marriage in Colorado was valid even though no license was obtained. Allen v. Allen, 121 Neb. 635, 237 N.W. 662 (1931).
Even though parties have left this state to evade our laws, a marriage is valid unless expressly declared void. Staley v. State, 89 Neb. 701, 131 N.W. 1028 (1911); State v. Hand, 87 Neb. 189, 126 N.W. 1002 (1910).
If marriage is valid where celebrated, it is valid in this state. Hills v. State, 61 Neb. 589, 85 N.W. 836 (1901); Bailey v. State, 36 Neb. 808, 55 N.W. 241 (1893); Gibson v. Gibson, 24 Neb. 394, 39 N.W. 450 (1888).
If a marriage is valid where it was contracted, it will be held to be valid everywhere, and if invalid by lex loci contractus, it will be invalid wherever question may arise. Nelson v. Richardson-Nelson, 30 Neb. App. 15, 964 N.W.2d 463 (2021).