Full question:
My husband and I live in Nebraska. My husband is disabled and mentally incompetent. I want to mortgage some of his property to avail a loan from the bank. I am planning to use that money for his treatment. How can I legally mortgage my mentally incompetent husband’s property?
- Category: Husband and Wife
- Subcategory: Community Property
- Date:
- State: Nebraska
Answer:
In Nebraska, if your husband is mentally incompetent and cannot execute a mortgage, you can file a complaint in the district court of your county. You would request an order allowing you to execute a mortgage on his behalf, in his interest. The court will review your complaint, and if it finds that you are acting in good faith, it will issue a decree permitting you to execute the mortgage in your husband's name.
According to Nebraska law (R.R.S. Neb. § 42-501), when one spouse is mentally incompetent, the other spouse can file a complaint to authorize the execution of a mortgage. The court will ensure that the mortgage amount does not exceed what is necessary to pay off any existing mortgage on the property.
Once the court is satisfied with your request, it will grant you the authority to proceed with the mortgage (R.R.S. Neb. § 42-503). In your case, you should file a complaint in the district court to obtain the necessary order.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.