Nebraska § 42-501 - Mortgage; procedure for authorization; limitation.

Full text of Nebraska Revised Statutes of Nebraska § 42-501 — Mortgage; procedure for authorization; limitation., with citation guidance and answers to common questions.

§ 42-501. Mortgage; procedure for authorization; limitation.

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.

Source: official Nebraska text · Last verified 2026-08-27

Frequently Asked Questions About Nebraska § 42-501

What does Revised Statutes of Nebraska § 42-501 cover?

Section 42-501 ("Mortgage; procedure for authorization; limitation.") is part of the Revised Statutes of Nebraska, the codified statutory law of Nebraska. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Nebraska § 42-501?

A common citation format is "Revised Statutes of Nebraska § 42-501" (Nebraska). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Nebraska law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nebraska official source linked on this page or consult a licensed Nebraska attorney.

How does Nebraska § 42-501 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nebraska can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Nebraska.