Nebraska Revised Statutes
Neb. Rev. Stat. § 40-116 (2026)
Homestead; protection of surplus after execution sale
✓ current as of July 2026
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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.
Notes of Decisions
Cited in 7
cases (3 in the last 5 years), 1940–2025 · leading case: Matter of Roberts, 211 B.R. 696 (Bankr. D. Neb. 1997).
Matter of Roberts, 211 B.R. 696 (Bankr. D. Neb. 1997). “Section 40-116, even for a certain time period, protects the proceeds of the sale of a homestead, whether the sale be voluntary or for the satisfaction of a lien.”
Chambers v. Bringenberg, 309 Neb. 888 (Neb. 2021). “54 [31] Because the object of the homestead legislation is to conserve the family by “keeping a roof over it,” 55 the home- stead, at least so long as the family continues to reside there 56 and to the extent it cannot be separated without depriving the family of its actual…”
Matter of Burchard, 214 B.R. 494 (Bankr. D. Neb. 1997). “See Neb.Rev.Stat. § 40-116. The Nebraska legislature is aware of the question of whether an exemption extends to the proceeds of exempt property.”
Meyer v. Platt, 291 N.W. 86 (Neb. 1940). “By section 40-116, Comp. St. 1929, if the homestead be conveyed by the claimant, the proceeds of the sale, not exceeding the amount of the exemption, shall be entitled, for six months thereafter, to the same protection which the law gives to the homestead and the sale and…”
In re Roberts, 215 B.R. 197 (Bankr. D. Neb. 1997). “Concerning the trustee’s argument that once one decides to sell property which has homestead characteristics, one is deemed to have abandoned such homesteads, there is absolutely no authority for such a position and plain language of Section 40-116 is inconsistent with such a…”
Michael L Watson (Bankr. D. Neb. 2025). “If an actual sale would not have destroyed the debtor’s homestead claim, an agreement or order to sell, both of which can be undone, cannot in and of itself destroy such rights.”
Michael Anthony Hudson & Kelly Nicole Hudson (Bankr. D. Neb. 2024). “§ 40-105 (allowing the claimant to “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”); § 40-106 (requiring the court to determine the…”
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