How is a house split in a divorce in Nebraska? This is an important question to ask if you’re going through a divorce or are considering going through a divorce. An attorney can review your circumstances and help you prepare for the divorce. There can be substantial legal ramifications, especially as it pertains to the division of assets. Let a qualified attorney help you.
How Do Divorce Courts Decide What Constitutes Equitable Distribution?
State divorce courts divide marital property up using equitable distribution. As a Nebraska resident, engaging the help of an Omaha property division attorney helps to ensure that assets are divided fairly between spouses. This doesn’t always mean the division is equal. For instance, the court may decide the home’s value using the county appraisal district. They may then decide how much of that value should be split between spouses. This may be done in two main ways:
- Award the home to one of the spouses. Each spouse may receive compensation based on their equity share of the home. Depending on how much equity is in the home, one spouse may need to pay the other one their share.
For example, if a home is valued at $500,000 and the mortgage balance is $200,000, the home has $300,000 in equity. If spouses are each awarded 50% of the equity, each spouse would get $150,000. The spouse who is awarded the home will need to pay $150,000 to the other spouse. This can be done using cash, taking a home equity loan, or using another form of compensation.
- Sell the home. If the court deems it necessary, spouses may be ordered to sell the home and divide the profits fairly between them.
Classifying a Home
If the home was acquired during the marriage, it may be considered marital property. All marital property is subject to be divided during a divorce proceeding. If the home was inherited, gifted, or otherwise acquired before the marriage, it may be considered non-marital property and not subject to division. This can be tricky because non-marital property can turn into marital property. An experienced divorce lawyer can help you determine this distinction.
You should maintain important documents such as title, deeds, and anything else that proves your ownership of the home and when it was acquired. You will need it during the divorce proceeding. To make things easier, you should also retain financial statements, bank statements, and any other records of transactions related to the acquisition of the home.
FAQs
Q: Is Nebraska an At-Fault Divorce State?
A: No, it is not an at-fault divorce state. It is a no-fault state, which means neither of the spouses must prove the other was at fault for something that necessitated the divorce. Couples can cite irreconcilable differences as the reason for the divorce. If the marriage is completely broken and reconciliation is out of the question for both spouses, it can proceed through divorce court. The spouses do not need evidence of adultery, abandonment, or any other marital misconduct.
Q: Is Nebraska a 50/50 State in Divorce?
A: No, it is not a 50/50 divorce state. The state uses equitable distribution laws to distribute marital property between divorcing spouses. This means the court will consider several factors when determining fair division, including the value of the marital estate, each spouse’s earning potential, the needs and contributions of each spouse to the marriage, the spouse’s age and health, and the length of the marriage.
Q: Does My Spouse Have Any Right to My House If I Owned It Before Marriage in Nebraska?
A: Any property that was owned by one spouse before the marriage can be considered non-marital property. Non-marital property will not be divided during divorce. In most cases, if you owned the house before the marriage you will get to keep it after divorce. Your spouse will not have any right to the house. However, there are some exceptions that could apply. For example, if there is evidence that the property was used as marital property, it may be divided.
Q: How Can I Legally Separate in Nebraska?
A: To legally separate, you need to file a complaint for legal separation with the court and serve your spouse. A legal separation is different from a divorce, although the process is very similar. The main difference is that instead of filing a petition for separation, a divorce requires filing a petition for dissolution. Once acknowledged by the court and finalized, each spouse will receive a decree of legal separation. This should be in writing and cover issues within the relationship.
Q: What Are the Requirements for Divorce?
A: The main requirement for divorce is a one-year residency requirement. Either you or your spouse must be a Nebraska state resident for at least one year before you can file for divorce. The only exception to this is if you were married in Nebraska, you’ve been married for less than a year, and have lived in the state since the time of your marriage. If this requirement is met, a complaint can be filed with the court, and the divorce can proceed.
Legal Support
Divorce can be a challenging time for all family members involved. It’s an unfortunate circumstance but it can be necessary if the marriage is not working. During this mentally and emotionally challenging time, it’s very important to consider the legal ramifications of divorce. There are assets to divide, potential alimony payments to prepare for, child support, and custody arrangements. You need an experienced legal team supporting you through this.
At Stange Law Firm, our legal team has decades of combined experience helping clients resolve their divorce cases. We can review the situation, help answer any questions you have, and provide needed legal advice along the way. Since our founding in 2007, we have dedicated ourselves to divorce and family law. We are committed to helping you seek the resolution you deserve. Contact us today to see how we can assist you.
