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, when a husband is mentally incompetent and incapable of executing a mortgage, the wife may file a complaint in the district court of the county and pray for an order authorizing her to execute a mortgage in the interest of her mentally incompetent husband. Upon hearing of the complaint, if the court is satisfied that it is made in good faith by the wife, the court shall enter a decree authorizing her to execute the mortgage in the name of her mentally incompetent husband.R.R.S. Neb. § 42-501 reads as:
“When either husband or wife is mentally incompetent and incapable of executing a mortgage relinquishing or encumbering his or her right to the homestead or any other real property of the other, the other may file a complaint in the district court of the county of his or her residence or of the county where the real estate to be encumbered is situated setting forth the facts and praying for an order authorizing the applicant or some other person to execute a mortgage and relinquish or encumber by such mortgage the interest of the mentally incompetent person in such homestead or other real estate. The court shall not authorize the execution of any mortgage on the homestead of the parties for an amount greater than is necessary to pay or redeem the lien of an existing mortgage on such homestead.”
R.R.S. Neb. § 42-503
“Upon the hearing of the complaint, if the court is satisfied that it is made in good faith by the plaintiff, that he or she or some other person selected by the court is a proper person to exercise the power and make the mortgage, and that it is necessary and proper, the court shall enter a decree authorizing the execution of a mortgage for and in the name of such mentally incompetent husband or wife by the plaintiff or such other person as the court may appoint.”
In the instant case, you can file a complaint in the district court of the county and pray for an order authorizing you to execute a mortgage in the interest of your mentally incompetent husband.
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.
