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

1. Sell and Split Proceeds: This is often the simplest option, especially when neither spouse can afford the home alone.
2. One Spouse Keeps the Home: The retaining spouse usually refinances the mortgage in their own name and compensates the other spouse for their equity.
3. 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.