Neb. Rev. Stat. » Chapter 42
Nebraska Revised Statutes

Neb. Rev. Stat. § 42-201 (2026)

Wife's separate property; not available for husband or his debts; exception

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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The property, real and personal, which any woman in the state may own at the time of her marriage, rents, issues, profits or proceeds thereof and real, personal or mixed property which shall come to her by descent, devise or the gift of any person except her husband or which she shall acquire by purchase or otherwise shall remain her sole and separate property, notwithstanding her marriage, and shall not be subject to disposal by her husband or liable for his debts; Provided, all property of a married woman, except ninety percent of her wages, not exempt by statute from sale on execution or attachment, regardless of when or how said property has been or may hereafter be acquired, shall be liable for the payment of all debts contracted for necessaries furnished the family of said married woman after execution against the husband for such indebtedness has been returned unsatisfied for want of goods and chattels, lands and tenements whereon to levy and make the same.

Notes of Decisions
Cited in 13 cases, 1931–1998 · leading case: Schmuecker Bros. Implement Co. v. Sobotka, 348 N.W.2d 130 (Neb. 1984).
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Schmuecker Bros. Implement Co. v. Sobotka, 348 N.W.2d 130 (Neb. 1984). · cites it 7× “In the affidavit supporting the issuance of garnishment summonses, *116 which were served upon Alice and upon the personal representatives and attorneys for the estate, Schmuecker Brothers alleged not that Alice was indebted to Eugene but, rather, contended that, pursuant to…”
Brown v. Borland, 432 N.W.2d 13 (Neb. 1988). · cites it 3× “See Neb. Rev. Stat. § 42-201 (Reissue 1984). In regard to the Visa bill totaling about $1,300, there is no evidence in the record whether Mary was already either contractually liable for this bill or liable under § 42-201 because the items charged were necessities of life.”
Nichol v. Clema, 195 N.W.2d 233 (Neb. 1972). · cites it 8× “This is an appeal from a judgment of the district court for Scotts Bluff County which held under the provisions of section 42-201, R. R. S. 1943, the property of Mary Clema was liable for medical services furnished to her husband, Joseph Clema, at his request.”
McCollister v. McCollister, 365 N.W.2d 825 (Neb. 1985). · cites it 2× “*716 Neb. Rev. Stat. § 42-201 (Reissue 1984) relates to a wife’s separate property, generally providing that the property owned by the wife at the time of marriage, together with profits, increases, purchases, and gifts, remains her sole property.”
Lincoln v. Knudsen, 79 N.W.2d 716 (Neb. 1956). · cites it 2× “The plaintiff theorizes in effect, as we interpret, that the services performed and to be performed by plaintiff for defendant and his wife were necessaries of life for which the wife could contract and by so contracting obligate the defendant to pay for them, and further that…”
State v. Willis, 394 N.W.2d 648 (Neb. 1986). · cites it 2× “(Reissue 1984) specifically grant married women the right to own and maintain separate property, contract, carry on business, and earn wages on their own account. In light of the facts that no case has ever held that the common-law spousal exclusion is the law in Nebraska, that…”
Edgerton v. Hamilton Cnty., 36 N.W.2d 258 (Neb. 1949). · cites it 2× “As amended, this act is now section 42-201, R. S. 1943, and following sections.”
Queen's Med. Ctr. v. Kagawa, 967 P.2d 686 (Haw. App. 1998). “R.R.S. § 42-201 (1943)). The court confirmed that the wife was liable, because “despite [the couple’s] strained relationship, [they were] in fact husband and wife.”
White v. Chestnutt, 33 N.W.2d 470 (Neb. 1948). · cites it 2× “” As stated, at the common law the husband-was liable for the expenses of the last sickness of his wife and for her proper burial as for necessaries furnished the family and, under section 42-201, R. S. Supp., 1947, he continues to be so primarily liable.”
Graff v. Graff, 138 N.W.2d 644 (Neb. 1965). · cites it 2× “They cite section 42-201, R. R. S. 1943, which in part reads as follows: “The property, real and personal, which any woman in the state may own at the time of her marriage, rents, issues, profits or proceeds thereof and real, personal or mixed property which shall come to her by…”
John Fletcher Coll. v. Est. of Pailing, 238 N.W. 750 (Neb. 1931). “Without quoting them, it is sufficient for the purposes of this case to say that the sections of the statute bearing on the power of a married woman to make contracts with reference to her separate property and the extent of her liability thereon are sections 42-201, 42-202, and…”
Bonner v. City of Imperial, 32 N.W.2d 267 (Neb. 1948). “Sections 42-201 and 42-202, R. S. 1943, make clear their rights.”
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