Microsoft Edge. We read every comment! Examples of factors that are often taken into consideration during property division cases include: In Nebraska, statutory law requires judges deciding a property division case to account for the nonmonetary contributions of both spouses to a marriage when determining how to divide property between them. Community property is marital property. To answer Jack’s questions, a basic understanding of marital property and divorce law in Nebraska is necessary. But as many people will leave behind a widow or widower, the children’s shares alter depending on if the surviving spouse is their parent, according to Nebraska inheritance laws. See the following chart for additional information about Nebraska marital property laws, and FindLaw's Divorce and Property section for additional articles and helpful resources. Buchholz v. Buchholz, 197 Neb. Nebraska is a dual classification state. This means that the court will divide your marital property in a way it deems to be fair. Stay up-to-date with how the law affects your life, Name Nebraska is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case. Nebraska is an equitable distribution state, and only property acquired during the course of the marriage is subject to division following divorce. Where a couple lives determines the laws that govern the distribution of marital property in the event of divorce. Nebraska divides marital assets via equitable distribution, which means that the court attempts to divide marital assets in a fair and equitable manner between the spouses, taking multiple factors into account in order to determine the equitable distribution for each spouse. The concept of community property, in which all marital property is divided 50/50, is still used by a few states. Pre-nup or no dice. A spouse who comes into the marriage with a vehicle or real estate can usually keep that vehicle or property after a divorce, as long as it’s been kept separate . Nebraska Marital Property Laws: Overview. Marital property refers to property that a couple acquires during their marriage. Marital property in community property states are owned by both spouses equally (50/50). In many other states, economic misconduct can result in a higher percentage of marital property awarded to the injured spouse. Hightower Reff Law is a team of confident, clear, committed attorneys representing clients in the Omaha metro and surrounding areas in family law and criminal defense/dui. Both applicants must be present for the application. Marital property is property you acquired during the marriage. Any property acquired after the marriage and before a decree of legal separation or divorce is presumed to be marital (excluding the exceptions listed above), regardless of how the property is titled, according to Missouri property division laws. Please try again. Equitable does not mean equal, or even half, but rather what the District Court considers fair. If you want to read the law, Nebraska Statutes § § 30-2308 and 30-2309 cover parent-child relationships. For example, depositing funds that are separate property into an account that is held jointly with your spouse would not necessarily transmute those funds into marital property. Nebraska is a so-called "equitable distribution" state, which means the marital property is split in a manner considered fair by the court, with the parties strongly encouraged to work out a settlement first. Rule for allowance of alimony and division of property under 1974 statute quoted and prior decision distinguished. The dialog window can be moved, resized and closed with the 'x' icon. One of the most significant parts of any divorce concerns the division of assets, which differs by state. However, that isn’t how Nebraska marital property law works. Are you a legal professional? Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. Even so, people are still confused about legal separation. 180, 248 N.W.2d 21 (1976). The first step is to classify the parties’ property as marital or nonmarital. Property belonging to just one party and not considered marital property includes anything acquired before the date of the wedding; pension proceeds; personal gifts; courts awards; and inheritances. Instead, the court will look at several factors and use its discretion to find an equitable or fair division. Usage is subject to our Terms and Privacy Policy. Nebraska Property Division Guide :: Table of Contents. A prenup containing a property division agreement can take precedence over Nebraska's property division laws by establishing what is considered as separate vs marital property, as well as agreeing on how finances will be structured during the marriage and divided in the event of a divorce. Click on a state to learn more about marital laws that apply to you, and better your chances in court! Nonmarital property is property you acquired “outside” the marriage or before the marriage. (Therefore, the increase in value of any non-marital property is marital to the extent the other spouse contributed to its increase.) While we strive to ensure the accuracy of these pages, you may also want to contact a Nebraska divorce attorney or conduct your own legal research to verify the state law(s) you are researching. We recommend using Definitions: As used in the Uniform Premarital Agreement Act: The third has to do with the allocation of debts and assets and real and personal property and the definition of what is and is not marital property. Courts will consider the following factors: listed by the court in Heald v. Heald, 259 Neb. Only property acquired during the marriage is subject to equitable distribution. 3. If you are ending your marital relationship in Nebraska, review property divorce laws here before speaking with an attorney. Will the State Get Your Property? The court will encourage the parties to reach a settlement on property and debt issues otherwise the court will declare the property award. Nebraska statute does provide for court consideration of a spouse's contribution to their partner's education during the course of a marriage. Conscionability The second pertains to the custody, care and support of any child of the relationship. Current Nebraska Law: On July 14, 2017, the Nebraska Supreme Court issued a new ruling in the case of Stephens v. Stephens that changes the way that Nebraska courts divide appreciation on non-marital property. Nebraska Statutes. Generally, the acquisitions made by either party during the course of their marriage is considered marital property and thus subject to division upon divorce. This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney. This new rule is called “active appreciation,” and it is a complete reversal of the old way Nebraska courts divided appreciation. Laws of descent and distribution, divorce and property distribution, and use of joint tenancies, tenancies-in-common, and tenancies by the entirety have largely made it unnecessary to be concerned with the surviving spouse being left with no part of the marital property.