Matter of Roush

MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

These Chapter 13 bankruptcy cases present the question of whether two single people may each claim a Nebraska homestead exemption in the same jointly-owned residence. I conclude that each debtor independently qualifies as a head of family, which is a statutory requirement of the exemption, and that each may claim their interest in the jointly-held property as exempt under the Nebraska homestead exemption.

Facts

The debtors, Robert M. Roush and Mary K. Fisher, live together in a home which they own in joint tenancy. Each of the debtors have…