Who Keeps the House in a Divorce?

Property isn’t split 50/50 in a Nebraska divorce. Instead, the court aims for what’s fair based on each spouse’s situation. That includes factors like income, contributions to the marriage, and who has custody of the kids. The court focuses on what is fair, not necessarily what is equal, when deciding who keeps the house.

Wanting the house isn’t enough—you need to prove you can refinance the mortgage in your name alone. Your ability to qualify can depend on factors like income, child support, and alimony. At Nebraska Legal Group, we begin this process early to give you the strongest chance of achieving a favorable result.

If one spouse keeps the house, the equity must still be split fairly. This is usually done through a cash-out refinance or by awarding other assets (like retirement funds) to the other spouse. The home's value must be determined, either by mutual agreement or through a court decision.