Nebraska Dissolution With a House — Your Options (2026)

Your home is typically the largest marital asset. In Nebraska, the Marital Settlement Agreement controls how it is handled in an agreed dissolution.

Is the House Marital Property?

Purchased during the marriage: Marital property — subject to equitable distribution.

Owned before the marriage by one spouse: Separate property in principle — but marital funds (wages) used to pay the mortgage have created a marital contribution to equity that should be addressed.

Inherited or gifted: Generally separate — document carefully.

Option 1 — One Spouse Keeps the House

Settlement Agreement must include:

• Full address and legal description
• Agreed fair market value (professional appraisal recommended)
• Mortgage balance and net equity
• Each spouse's equitable share of marital equity
• Buyout: Keeping spouse pays or offsets the other's equity share
• Mandatory refinancing deadline: Keeping spouse must refinance into sole name within [X] days — removes the vacating spouse from mortgage liability
• Fallback provision: If refinancing fails by the deadline, home listed for sale
• Quitclaim Deed from vacating spouse to keeping spouse — recorded after refinancing at Nebraska Register of Deeds

Recording the Deed in Nebraska

1. Prepare the Quitclaim Deed (or Warranty Deed)
2. Execute and notarize
3. Record at the County Register of Deeds of the county where the property is located
4. Fee: ~$10–$20 per page
5. No documentary stamp tax on dissolution-related deed transfers in Nebraska — confirm with the Register of Deeds

Option 2 — Sell the House and Split Proceeds

Settlement Agreement must include:

• Net proceeds split (equitable; after mortgage payoff and closing costs; adjusted for any separate property equity)
• Timeline for listing after Decree
• Real estate agent selection method
• Occupancy and carrying costs during listing
• Price reduction authorization schedule
• Minimum acceptable price
• Procedure for non-cooperating party

Option 3 — Deferred Sale (With Children)

Settlement Agreement must include:

• Triggering event (youngest child turns 19 — Nebraska's child support end age — or specified date)
• Occupying parent responsible for all carrying costs
• Non-occupying spouse's equity protection
• Capital improvement authorization and cost sharing
• Sale process at triggering event

Last reviewed: March 2026 | Equitable distribution | Settlement Agreement controls | Refinancing deadline critical | Fallback sale provision | Nebraska Register of Deeds for deed recording | No documentary stamp tax | supremecourt.ne.gov | nebraskalegalhelp.org

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.