He Won’t Move Out and Won’t Sell the House. What Are Your Options Under Nebraska Divorce Law?
When one spouse won’t leave the marital home or refuses to cooperate with selling it, the divorce can feel stuck. You’re ready to move forward, but daily life looks the same: shared spaces, strained routines, tension in the hallway, and constant uncertainty.
Nebraska law gives you options. You don’t have to wait months for a final divorce decree before addressing your living situation. Courts can issue Temporary Orders that grant exclusive possession of the home, set financial expectations, and establish boundaries that protect you and your children while the divorce is pending.
These orders aren’t about deciding who owns the house forever. They’re about reducing conflict and creating stability during a major transition. If you feel overwhelmed or unsure what to do next, that’s normal — but you’re not powerless.
Key Takeaways
You don’t have to live in conflict while waiting for the divorce to finish.
Exclusive possession doesn’t determine ownership — it simply determines who may live in the home right now.
Think carefully before moving out. Leaving voluntarily can unintentionally create a new parenting “status quo,” which can affect temporary custody and parenting schedules. Always talk to an attorney before making that decision.
Why Living Together During Divorce Almost Always Backfires
Trying to live together during a divorce rarely works long-term. Even in cases without abuse or serious safety concerns, the daily tension can wear people down. Kids notice, communication breaks down, and the situation often escalates.
Living under one roof during a divorce can lead to:
Heightened emotional stress and resentment
Unpredictable communication and co-parenting
A spouse intentionally slowing the process because the status quo benefits them
The spouse resisting change often enjoys free housing and control over the environment, while the spouse wanting separation feels stuck. This imbalance is a major reason Nebraska courts step in early when things become unworkable.
How Temporary Orders Work Under Nebraska Law
Temporary Orders are designed to stabilize the situation while the divorce plays out. They can clarify housing, parenting time, finances, and conduct expectations.
Under Neb. Rev. Stat. § 42-357, a judge can issue temporary orders addressing:
Exclusive Possession of the marital home
Non-harassment or conduct restrictions
Who pays the mortgage, utilities, or expenses while the case is pending
Temporary parenting time and financial support
The Affidavit Process
Many Nebraska courts — including Lancaster County — decide temporary orders based primarily on affidavits (sworn written statements), not live testimony. This means the judge often makes decisions based on the clarity, structure, and evidence provided in writing.
A strong affidavit is factual, specific, and avoids emotional language. Dates, examples, and real-world impacts are what help the court make a decision.
What Judges Consider When Granting Exclusive Possession
Judges are focused on reducing conflict and maintaining stability — especially when children are involved. They are not deciding who “deserves” the house; they’re deciding what arrangement minimizes harm while the case continues.
Courts look at:
Safety concerns
Whether conflict is affecting children emotionally or academically
Whether the home environment has become “unworkable”
Whether one spouse is using the home as leverage or intimidation
If you’re considering moving out because the stress is unbearable, pause and get legal advice first. Voluntary moves can unintentionally influence temporary parenting time decisions because the court may see the other parent as having more daily involvement.
What Happens If Your Spouse Refuses to Sell the House?
Sometimes the issue isn’t who lives in the house — it’s that one spouse refuses to cooperate with listing it or blocks efforts to move forward.
While Nebraska courts are generally cautious about ordering a sale before the divorce is final (unless foreclosure or financial harm is imminent), they can order cooperation. That may include:
Signing a listing agreement
Allowing showings
Maintaining the home while it’s on the market
Avoiding obstruction or delay tactics
If cooperation still doesn’t happen, the issue may be revisited later at trial, where the court has authority to order a sale or partition.
You Don’t Have to Stay Stuck
If you’re in a living situation that is unhealthy, combative, or keeping you from moving forward, there are legal solutions. Temporary Orders exist to create structure, protect children, and prevent one spouse from controlling the environment or the timeline.
A divorce is hard enough — you shouldn’t also feel trapped in your own home.
📍 Zachary W. Anderson Law | Lincoln, Nebraska
📞 (402) 259-0059
📧 zach@zandersonlaw.com