If a husband and wife be sued together, the wife may defend for her own right; and if the husband neglect to defend, she may defend for his right also.
§ 25-306.Wife's right to defend.
Article 3: Parties · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets a wife who is sued together with her husband defend her own interest in the case, and if the husband fails to defend, lets her defend his interest as well.
Full Text of § 25-306
Source
R.S.1867, Code § 35, p. 398; R.S.1913, § 7587; C.S.1922, § 8530; C.S.1929, § 20-306; R.S.1943, § 25-306.
Plain-English Summary
Section 25-306 addresses a specific situation: a husband and wife named together as defendants in the same lawsuit. In that case, the wife may defend for her own right, protecting whatever interest or defense is hers to raise. If the husband neglects to defend, the wife may step in and defend for his right as well, so the case does not end in a default against him just because he failed to appear or respond.
This section works alongside Section 25-305, which confirms a married woman’s general capacity to sue and be sued on her own, and it gives a spouse a practical way to keep a jointly filed case from being lost by default when one spouse does not participate.
Frequently Asked Questions
If my spouse and I are sued together, can I defend the case even if my spouse does not respond?
Yes. Section 25-306 lets a wife defend her own right when she and her husband are sued together, and lets her also defend her husband’s right if he neglects to defend.
Does this section require the wife to defend her husband’s interest, or is it optional?
The section describes what she may do, giving her the option to defend his right when he fails to do so, rather than imposing an obligation.
Does this section apply if only the wife is sued?
No. It applies to the situation where a husband and wife are sued together in the same action.
How does this section relate to Section 25-305?
Section 25-305 confirms a married woman’s general capacity to sue and be sued as if unmarried, and Section 25-306 addresses the specific procedure when she and her husband are named as co-defendants.
What happens to the husband’s interest if the wife does not step in to defend it?
This section gives the wife the ability to defend his right; it does not itself address the consequences if neither spouse defends, which would follow the ordinary rules governing default.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
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