A family court judge will require that spouses divide their assets equitably before the divorce can be finalized. During the division of assets and property, all forms of property are divided into marital property and non-marital property. When both parties can come to an agreement, the courts will typically honor those agreements. While attempting to create that agreement, you may ask yourself, is inheritance marital property in Nebraska?
Throughout your divorce, you can rely on a family law attorney to protect any assets that you own outright. Not every type of asset or property can be divided. Protecting non-marital property from being taken from you requires an understanding of the state’s property division laws.
Is Inheritance Considered Marital Property?
Nebraska is an equitable division state when it comes to divorces. This means that marital properties are divided in an equitable manner during a divorce. The goal is to divide the estate in a way that is fair to both parties. Equitable does not always mean a 50/50 split.
Assets, property, and debt are divided into two broad categories: marital and non-marital property. Marital property refers to anything that is acquired during the marriage. Property and debt that was acquired before the marriage and after a divorce was filed are generally considered non-marital property.
Under state law, inheritance is not considered marital property. The person who inherits something owns their inheritance outright. During a divorce, the other spouse cannot lay claim to the other party’s inherited property.
The division of assets during a divorce has three basic steps.
- Classify property as marital or nonmarital: Marital property includes assets and debts acquired during the marriage, while nonmarital property covers assets and debts acquired before the marriage or through inheritance or gifts to one spouse.
- Value the marital assets and liabilities: This requires assessing the worth of all marital property and debts to accurately determine their total value.
- Divide the estate between the parties: This involves subtracting total marital liabilities from total marital assets and distributing the remaining value in a fair and equitable manner, considering factors such as the length of the marriage, each spouse’s contributions, and economic circumstances.
Nebraska’s laws require that marital property be divided fairly between the parties. This does not mean that you have to give more than you are required to concede by law. The burden of proving that an asset or property was inherited often falls on the person making that claim.
Your family law attorney can gather evidence to prove that certain assets should be excluded during Omaha property division because the inheritance is non-marital property.
Are Gifts Considered Non-Marital Property?
In Nebraska, assets received as gifts prior to or during marriage are typically classified as non-marital property. A gift can encompass items received on holidays or significant presents from family members like parents or relatives. The state recognizes these gifts as belonging solely to the recipient, even if they were given during the marriage.
To establish that an asset is a gift (non-marital property), it may be necessary to provide evidence. This proof could include documentation such as gift letters, statements from the donor clarifying their intent, or testimony from witnesses who can attest to the gift-giving occasion. Documentation helps demonstrate that the asset was intended as a gift to one spouse and not subject to division in divorce proceedings.
FAQs
Q: What Are Marital Assets in Nebraska?
A: Marital assets in Nebraska are things of value that were acquired during the divorce. The state considers marital property to belong to both spouses. Non-marital property refers to anything that is owned outright by either party. Inheritance and gifts are two examples of non-marital property. The person claiming that their property is a non-marital item often has the burden of having to prove that assertion.
Q: Can My Spouse Get Part of My Inheritance?
A: With the right legal representation, you can prevent your spouse from getting part of your inheritance. While it is theoretically possible that non-marital property could be divided during a divorce, having an attorney could prevent that from happening. Let your lawyer know about any gifts or inheritance that belong solely to you.
Q: How Are Non-Inheritance Assets Split in a Divorce in Nebraska?
A: There are three basic steps involved in dividing assets in Nebraska. The first step involves establishing which assets are marital property. The second step involves setting values for those assets. The final step involves equitably dividing the assets and debt. The most efficient way to do this is through an agreement between both parties.
Q: Is Nebraska a 50/50 Divorce State?
A: The division of assets during a divorce does not always result in a 50/50 split. Nebraska is an equitable division state when it comes to divorce. The goal of property division is to divide assets, debt, and property equitably and fairly between both parties. This may not result in a strictly equal division of assets. Judges assess each case individually when determining what is fair to both parties.
Q: Is Nebraska a Joint Property State?
A: No. Nebraska follows the principle of equitable distribution in divorce proceedings, which means that marital property is divided fairly rather than automatically in a 50/50 manner. This approach recognizes that an equal split may not always be the most just outcome, especially if it would unfairly disadvantage one spouse.
Judges in Nebraska consider various factors to determine a division that is deemed fair, such as each spouse’s contributions during the marriage and their future economic needs.
Schedule Your Asset Division Consultation Today
During a divorce, the burden of proving what is not marital property falls on the party who asserts that claim. One way you can prevent your spouse from taking from what is legally allowable is by hiring an attorney who understands the state’s asset division laws. With the right legal representation, you can protect property that is lawfully yours.
The attorneys at Stange Law Firm have helped many clients navigate the state’s complex asset division laws. If you have concerns that your spouse will try to take part of your inheritance, you can rely on the experience of our skilled lawyers to protect it. To schedule your consultation, contact our office today.
