Nebraska Marital Property Laws for Debt Collectors & Judgment Creditors

🌿 Nebraska Marital Property: The Creditor’s Overview

Nebraska is a common law property state governed by the Nebraska Revised Statutes (Neb. Rev. Stat.). Nebraska does not recognize tenancy by the entirety, making jointly held marital property directly accessible for the debtor’s proportionate share. Nebraska’s $60,000 homestead exemption is moderate — substantial enough to protect most Omaha starter homes, but leaving meaningful equity exposed on mid-to-high market properties and fully exposing all non-primary-residence real estate.

Nebraska’s most important enforcement feature for creditors is its combination of no TBE, a modest homestead, and an extraordinary concentration of major corporate headquarters in Omaha. Berkshire Hathaway, Union Pacific, Mutual of Omaha, TD Ameritrade (now Schwab), First National of Nebraska, and Kiewit Corporation are all Omaha-based — providing one of the highest concentrations of executive-level wage garnishment targets of any mid-sized U.S. city.

Nebraska’s agricultural economy also creates significant non-homestead landholding enforcement opportunities. Nebraska farmland in the Platte River Valley and Rainwater Basin region routinely sells for $8,000–$12,000+ per acre.

🚫 No Tenancy by the Entirety in Nebraska

Nebraska does not recognize tenancy by the entirety. Jointly held marital real estate is not shielded from single-spouse creditor claims. The debtor’s proportionate interest is directly reachable via judgment lien. A partition action may be needed to force sale of jointly held real estate where the non-debtor spouse will not voluntarily satisfy the judgment.

🏠 Nebraska’s $60,000 Homestead Exemption

Nebraska’s homestead exemption (Neb. Rev. Stat. §40-101 et seq.) protects the primary residence up to $60,000 in value. This is a moderate cap — Omaha metro median homes now regularly exceed $200,000–$300,000, leaving $140,000–$240,000+ of equity exposed above the $60K threshold on average-priced properties. Lincoln (Lancaster County) and Omaha (Douglas County) investment properties and commercial real estate receive no homestead protection.

⚖️ Common Law Property Rules for Creditors

👩‍⚖️ Spousal Liability for Debts in Nebraska

Nebraska common law generally protects each spouse from the other’s individual debts. Neb. Rev. Stat. §42-201 creates mutual liability for certain family expenses.

• 📄Joint contracts — both spouses co-signed
• 🏥Neb. Rev. Stat. §42-201 — mutual liability for family expenses including medical care and household necessaries
• 💳Joint credit accounts — both spouses are named account holders
• 🏠Joint mortgage — both spouses signed the deed of trust and promissory note
• 💼Joint agricultural or business guarantees

💰 Nebraska Wage Garnishment Rules

Nebraska allows standard wage garnishment at 25% of disposable earnings following the federal CCPA. Nebraska has no head-of-household exemption eliminating consumer wage garnishment. Omaha’s exceptional corporate headquarters concentration makes Nebraska one of the most attractive wage garnishment jurisdictions in the Midwest.

🏠 Judgment Liens — Nebraska’s 5-Year Duration

Nebraska judgment liens on real property are created by filing a certified transcript of judgment with the Register of Deeds in each county where the debtor owns real property. Nebraska’s 5-year lien duration (Neb. Rev. Stat. §25-1504) is among the shortest nationally — renewal every 5 years is mandatory to preserve lien priority. Despite the short duration, Nebraska’s no-TBE rule and modest homestead make real property liens highly productive.

1. Obtain certified judgment transcriptFrom the Nebraska District Court. For out-of-state judgments, domesticate in Nebraska District Court under Neb. Rev. Stat. §25-1587.01 et seq. (Uniform Enforcement of Foreign Judgments Act).
2. File transcript with Register of Deeds in each relevant countyNebraska has 93 counties. File in each county where the debtor holds real property. Douglas County (Omaha), Lancaster County (Lincoln), Sarpy County (Papillion/Bellevue), and the Platte River Valley agricultural counties are key areas. Immediately calendar the 5-year renewal date.
3. No TBE — jointly held farmland and investment property directly reachableNebraska’s high-value cropland (Platte River Valley, eastern Nebraska corn belt) held jointly by married couples is directly accessible for the debtor’s proportionate share. Nebraska farmland at $8,000–$12,000+ per acre means a jointly held 200-acre farm has $800K–$1.2M+ in value with the debtor’s 50% share directly reachable.
4. Renew lien every 5 years without failNebraska judgment liens expire in 5 years. Build automatic renewal reminders. A lapsed lien loses all priority. See our judgment duration by state guide.

🏢 Bank Account Levies & Personal Property in Nebraska

• 📋Obtain a writ of execution from the District Court
• 🏢Serve garnishment on financial institutions
• 👥Joint bank accounts: debtor’s proportionate share reachable — no TBE for NE bank accounts
• 🌾Agricultural income: time bank levies around grain elevator payments, USDA CRP payments (typically October–November), and livestock sale receipts for farm debtors
• 💵Federal benefits: protected for 2 months of direct deposits under federal law
• 🚘$5,000 vehicle exemption — truck and SUV equity above threshold reachable

🛡️ Nebraska Property Exemptions

🔍 Skip Tracing Married Debtors in Nebraska

Nebraska’s 93 counties anchor on two major metros: Omaha (Douglas, Sarpy, Washington, Cass counties) and Lincoln (Lancaster County). The balance of the state is predominantly agricultural — Platte River Valley (Platte, Butler, Colfax, Columbus area), Sandhills ranching country (Cherry, Sheridan, Box Butte, Dawes), and the Panhandle (Scotts Bluff, Morrill, Banner). Nebraska’s strong agricultural land values make eastern Nebraska cropland ownership searches highly valuable.

📋 Step-by-Step: Collecting from a Married Nebraska Debtor

1. Run comprehensive property search — including agricultural countiesSearch all relevant county Registers of Deeds. Nebraska debtors may hold cropland in multiple agricultural counties separate from their residential county. No TBE means jointly held farmland is directly reachable. Nebraska farmland values are high. Use our professional asset search.
2. File judgment lien in each relevant county — calendar 5-year renewal immediatelyFile transcript of judgment with each relevant county Register of Deeds. Set renewal reminder for 4 years and 6 months from filing date (giving a 6-month renewal window before 5-year expiration). See our judgment lien guide.
3. Initiate wage garnishment from Omaha Fortune 500 employersStandard 25% CCPA. Berkshire Hathaway ecosystem, Union Pacific, Mutual of Omaha, and Kiewit Corporation employees represent top-tier garnishment targets. No head-of-household exemption applies.
4. Serve garnishment on financial institutionsJoint bank accounts reachable — no TBE. For agricultural debtors, time service around grain elevator payments (September–November harvest season), USDA CRP payments (October), and livestock market receipts. See our asset levy guide.

Frequently Asked Questions

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