marital property and non-marital property

[sker20]

I am in Nebraska and working on filling out my paperwork for chapter 7. I have found that Nebraska is, "not a community property, unless you can prove otherwise", and I'm not really sure what that means.

I just really want to know what i need to claim as property and what i dont.

Just got married in March and im not filing joint and most of our possessions are my wifes from before we were married; couches, t.v., bed, etc.

the way i understand it, i dont need to list any of that. only what was mine before the marriage and whatever we have acquired together post marriage. is this correct?

also, do i count the whole value of the joint items or only half since half is hers?

[sker20]

?

[HHM]

Assuming Nebraska is a non-community property, you only list what you own.

[sker20]

I dont even have to list items that are joint?

[HHM]

If you have any ownership, then you list it.

It is really not that big a deal, trustees don't care about household goods. List what YOU own, and list what you have JOINT interest in.

When it comes to joint assets, however, when you value them, you only list the value of your interest.
For example, if you have joint ownership of a piece of land worth $10,000, your interest is only worth $5,000.

[sker20]

thanks, good information.

1 last question, if the trustee doesn't really care about household goods, do i need to exempt those items? I am worried about next years tax return, because it will probably be $6k-$9k and I'll have to exemp a pro-rated amount of that right? Should I make sure to exempt the tax return before any household goods? nebraska has an unlimited exemption on earned income credit and a $2500 wild card exemption.

[HHM]

Yes, always claim the exemption.