Who Gets the House in a Nebraska Divorce?
October 30, 2025
Who Gets the House in a Nebraska Divorce?
Dividing property during a divorce can be one of the most emotionally and financially complex issues a couple faces. In Nebraska, one of the most significant and commonly disputed assets is the family home. At VandenBosch Law, LLC, we help clients throughout Omaha understand how the law approaches this sensitive matter and advocate for a fair outcome.
Understanding Nebraska’s Equitable Distribution System
Nebraska follows the principle of equitable distribution when dividing property in a divorce. This does not mean that property is split 50/50. Instead, the court aims for a fair—though not necessarily equal—division of marital assets based on a range of factors.
The family home may be awarded to one spouse, or it may be sold with the proceeds divided. The court's decision depends heavily on whether the home is considered marital or separate property.
Marital vs. Separate Property
- Marital Property: Generally includes any assets acquired during the marriage, regardless of whose name is on the title. If the house was purchased during the marriage, it’s likely to be considered marital property.
- Separate Property: Assets owned by one spouse before the marriage or acquired through inheritance or gift, and not commingled with marital assets, may be treated as separate property.
In many cases, a home that began as separate property can become marital property if both spouses contributed to the mortgage, maintenance, or improvements.
Factors the Court Considers
When deciding who gets the house, Nebraska courts evaluate factors such as:
- Each spouse’s financial situation and earning capacity
- Who has primary custody of any children (courts often aim to keep children in the home for stability)
- The sentimental or personal value of the home
- Contributions by each spouse to the home’s upkeep and mortgage
If one spouse is awarded the home, they may be required to “buy out” the other’s interest or offset the value with other marital assets.
Options for Dividing the Home
- Sell and Split Proceeds: This is often the simplest option, especially when neither spouse can afford the home alone.
- One Spouse Keeps the Home: The retaining spouse usually refinances the mortgage in their own name and compensates the other spouse for their equity.
- Deferred Sale: Sometimes courts allow the custodial parent to remain in the home for a certain period, such as until the youngest child graduates high school.
Legal Support from VandenBosch Law, LLC
Navigating property division, especially when it involves the family home, can be complicated and emotionally charged. At VandenBosch Law, LLC, we help Omaha residents understand their rights and options during a divorce. Whether through negotiation or litigation, we aim to achieve an outcome that supports your financial well-being and long-term goals.
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Being accused of a theft crime is a serious matter that can have lasting consequences on your life, reputation, and future. At VandenBosch Law, LLC in Omaha, Nebraska, our experienced criminal defense attorneys are committed to providing strong and effective legal representation for those facing theft charges. We understand the complexities of Nebraska’s theft laws and are here to defend your rights and work toward the best possible outcome for your case. Understanding Theft Crimes in Nebraska Theft crimes involve the unlawful taking or use of someone else’s property with the intent to permanently deprive them of it. Nebraska law classifies theft offenses based on the value of the property stolen and the circumstances of the crime. Common theft crimes include: Petty Theft (Misdemeanor Theft) – This typically involves the theft of property valued at $500 or less. It is considered a misdemeanor and may result in fines, probation, or up to one year in jail. Grand Theft (Felony Theft) – Theft of property valued at more than $500 is usually charged as a felony. Penalties for felony theft can include significant fines, prison time, and a permanent criminal record. Shoplifting – This occurs when someone intentionally conceals or takes merchandise from a store without paying. Shoplifting charges can range from misdemeanors to felonies, depending on the value of the stolen items. Burglary – Burglary involves unlawfully entering a building or dwelling with the intent to commit theft or another crime. It is considered a serious felony offense. Robbery – Robbery is the act of taking property from another person through the use of force, intimidation, or threats. It is a violent crime and is prosecuted as a felony. Identity Theft – This involves the fraudulent use of someone’s personal information to commit theft or fraud, often resulting in severe penalties. Potential Consequences of a Theft Conviction A conviction for a theft crime in Nebraska can have serious consequences, including: Criminal Penalties – Depending on the severity of the offense, penalties may include fines, probation, community service, and imprisonment. Permanent Criminal Record – A theft conviction can result in a permanent criminal record, making it difficult to secure employment, housing, or educational opportunities. Restitution – In many cases, the court may order the defendant to pay restitution to the victim to compensate for the stolen or damaged property. Loss of Rights – Felony convictions can result in the loss of certain civil rights, such as the right to vote or possess firearms. Defenses Against Theft Charges At VandenBosch Law, LLC, we explore all possible defenses to fight theft charges and protect our clients’ rights. Some common defense strategies include: Lack of Intent – Intent is a crucial element in theft crimes. If we can show that you did not intend to permanently deprive the owner of the property, the charges may be reduced or dismissed. Mistaken Identity – In some cases, mistaken identity or false accusations can lead to wrongful charges. We work to gather evidence, such as surveillance footage or witness testimony, to prove your innocence. Consent – If the owner of the property gave you permission to take or use the item, this may be a valid defense against the charges. Insufficient Evidence – We carefully review the prosecution’s case to identify weaknesses or lack of evidence. If the evidence against you is weak or improperly obtained, we may be able to have the charges reduced or dismissed. Violation of Rights – If law enforcement violated your constitutional rights during the investigation or arrest, such as conducting an illegal search and seizure, we may be able to challenge the evidence in court. How VandenBosch Law, LLC Can Help Facing theft charges can be overwhelming, but you don’t have to navigate the legal system alone. At VandenBosch Law, LLC, we are dedicated to providing aggressive and personalized defense for our clients. Here’s how we can help: Comprehensive Case Evaluation – We thoroughly review the details of your case, examine the evidence, and identify any potential defenses. Negotiation and Plea Bargaining – In some cases, we may negotiate with the prosecution to secure a reduced charge or lesser penalty. Our goal is always to achieve the best possible outcome for our clients. Court Representation – If your case goes to trial, we are prepared to present a strong defense in court, cross-examine witnesses, and challenge the prosecution’s evidence. Protecting Your Rights – We ensure that your constitutional rights are protected throughout the legal process and fight to minimize the impact of the charges on your life. Contact VandenBosch Law, LLC for Skilled Theft Crime Defense If you or a loved one is facing theft charges in Omaha, NE, it’s crucial to act quickly and secure experienced legal representation. At VandenBosch Law, LLC, we are committed to defending your rights and fighting for a fair outcome. Contact us today for a consultation to discuss your case and learn how we can help protect your future.