An Omaha man comes home and finds someone has broken in and stolen several items. But was a crime really committed?

At 2-and-a-half, she is the love of Justin Snelling's life. "Her name is Calee. I love following her around doing whatever she wants to do."

Last Tuesday, Snelling returned to his home at 60th and Birch and found his door pried open, though curiously only Calee's things were missing. "I go in and I notice diapers are gone, DVDs are gone, potty chair is gone, wipes are gone, everything that was new that I hadn't opened yet is gone.”

There was no secret to who did it. Snelling says the culprit owned right up to it, his ex-wife. "She said it's not stealing, that it's for our daughter and I was like yeah it's for our daughter when I have her."

Snelling wants to know if his ex-wife is allowed to come into his house, even though she used to live there, and take things like a box of diapers.

"When you talk about a dwelling, who has the ultimate right to be there, if they're married, certainly they both have an equal right," says city prosecutor Marty Conboy. "If they’re not, whose name is on the lease? Who’s paying the rent?"

In this case, she's on the lease, he's paying rent. Ultimately the case will find Conboy, which is why he can't comment specifically on this story. But he says crime or not, this situation is happening everywhere in every neighborhood.

"There's a whole spectrum of them. It can be anything from college roommates to people who've lived together in marriage for 30 years.”

Snelling says he just wants a happy home for his daughter, one where he doesn't have to worry about people sneaking in, even if little Calee may be overwhelmed with joy to see them.

Conboy says the most important thing you can do if you find yourself in this situation is to take it to court. Judges retain jurisdiction over these types of situations when there is a divorce or kids involved, so they can make orders that either prevent or allow access to the marital home.

Statistics suggest nearly half of all Americans will see their marriage end in divorce.