The marital home in which spouses live during the marriage is usually marital or community property because it was acquired during the marriage, is jointly owned by the spouses, and is subject to division upon divorce. When spouses decide to divorce, legally separate, or simply live apart, there are potential legal implications for who remains in the marital home and who moves out—whether the home is separate property or marital property. These laws vary from state to state, and spouses should consult with a family law attorney to fully understand their options and protect themselves from the consequences of an uninformed decision.

In Nebraska, the marital home is typically considered marital property if it was acquired during the marriage, regardless of whose name is on the title. Upon divorce, the court will divide the marital property equitably, though not necessarily equally, between the spouses. This division is based on a variety of factors, including each spouse's contribution to the home and the economic circumstances of each party. When it comes to who stays in the marital home during separation or after divorce, the court may consider factors such as custody of children, financial stability, and each spouse's ability to obtain alternative housing. If the home is separate property, meaning it was owned by one spouse before the marriage or acquired by gift or inheritance, it may not be subject to division. However, the non-owning spouse may be entitled to some form of compensation if marital funds were used to pay the mortgage or improve the home. Spouses facing these issues should consult with a family law attorney in Nebraska to navigate the complexities of property division and to make informed decisions regarding their housing situation during and after the divorce process.