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Who keeps the house in a Nebraska divorce?

On Behalf of | Jan 14, 2025 | Divorce |

Divorce can be a challenging process, especially when it comes to dividing assets. One of the most significant assets is often the family home. In Nebraska, deciding who keeps the house in a divorce involves understanding the state’s marital property laws.

Basics of marital property in Nebraska

Nebraska is an equitable distribution state. During a divorce, the court distributes marital property fairly, though not always in equal portions. Marital property includes anything acquired during the marriage, such as real estate, vehicles, and income. Separate property includes assets owned before the marriage, gifts, and inheritances.

The family home typically falls under marital property if purchased during the marriage. Yet, if one spouse owned the house before the marriage, the court might consider it separate property.

Factors influencing property division in Nebraska

The division of the family home in a Nebraska divorce depends on several factors. Judges consider the duration of the marriage, each spouse’s earning potential, and their contributions to the marriage. They also consider child custody arrangements.

Judges also evaluate each party’s financial situation, including their education and job experience. This helps ensure that the division of assets is fair and considers future needs. If a couple cannot agree, the court will decide based on Nebraska’s marital property laws.

Dividing the family home in a Nebraska divorce involves carefully considering numerous factors. While the process can be complex, understanding the state’s approach to property division can help. Consulting a Nebraska divorce attorney is advisable to reach the best possible result.