Property Division in Nevada Divorce
"Sometimes Bad Things Happen to Good People and Businesses. You Can Do Something About It With the Right Help."
Protecting Your Rights in Property Division in Nevada
Navigating property division in Nevada requires much more than a simple 50/50 split; it demands a meticulous and strategic approach to unwinding a shared financial legacy. While community property laws provide the framework, the reality of separating high-value assets—from real estate portfolios to complex retirement accounts—is rarely straightforward. At The Rosenblum Law Firm, we protect your hard-earned assets and ensure your financial separation is fair, accurate, and secure.
30+
Years
COMBINED EXPERIENCE | TAKE BACK CONTROL OF YOUR LIFE!
Navigating the Complexities of Property Division Law
Definition and Nevada’s Approach
In plain English, property division is the legal process of splitting up the assets and debts you and your spouse accumulated while you were married. While every state handles this differently, it is critical to understand that Nevada is a Community Property state.Common Law vs. Community Property
A frequent question we receive is, “Is Nevada a common law state?” The answer is no.- No Common Law Marriage: You do not automatically become “married” in Nevada simply by living together for a certain number of years. You must have a valid marriage license.
- Exception: If you legally established a common law marriage in another state (like Texas or Colorado) before moving here, Nevada courts may recognize it.
State Philosophy and Principles
Being a Community Property state means that, with very few exceptions, any income earned, property acquired, or debt incurred during the marriage belongs to both spouses equally. In the eyes of Nevada family law, marriage is a partnership. Therefore, when the partnership ends, the assets are typically divided 50/50. Legal Standard: Under NRS 125.150, the court is required to make an “Equal Disposition” of community property. Unlike some states that just look for “fairness,” Nevada judges must start at 50/50. The court can only make an unequal division if it finds a “Compelling Reason” (such as financial fraud or waste).Identification and Valuation of Property Division Assets
Community Property (Marital Assets)
Marital property includes almost everything you acquired from the day you got married until the day you are divorced.
Crucial Note on Titles: Clients often ask, "What are my rights if my name is not on the deed?" In Nevada, names on titles often do not matter. If a house, car, or investment account was purchased with money earned during the marriage, it is likely community property, even if only one spouse’s name is on the paper.
Common examples include:
- The family home and other real estate.
- Retirement accounts (401k, PERS, IRAs).
- Bank accounts and investment portfolios.
- Vehicles and furniture.
- Businesses started during the marriage.
Separate Property
Not everything is up for grabs. "Separate property" belongs to just one spouse and is not subject to division. This typically includes:
- Assets you owned before the marriage.
- Inheritances or gifts left specifically to you (not the couple) during the marriage.
- Personal injury awards designated specifically for "pain and suffering."
Warning on Commingling: You must be careful. If you take money you inherited and deposit it into a joint bank account used to pay family bills, that money may lose its "separate" status and become community property through a process called commingling.
Variables Impacting Your Property Division Outcome
Economic Circumstances
While the baseline is a 50/50 split, the court looks at the specific economic situation of each spouse to ensure the result is practical. For example, if one spouse is keeping an asset that is difficult to liquidate (like a business), the other spouse might receive more liquid cash or retirement funds to balance the scales.
Intentional Depletion of Assets (Waste)
If a spouse intentionally wastes community money-for example, by gambling away savings or spending thousands of dollars on an extramarital affair-the court can step in. This is considered a "Compelling Reason" for an unequal split. Read more about marital waste in divorce law to see how a judge may award the innocent spouse a larger share to "reimburse" the community.
Spousal Abandonment
We often hear questions like, "What are the spousal abandonment laws in Nevada?"
- Leaving the Home: Physically moving out of the marital home does not mean you forfeit your share of the house. You still own 50% of the equity.
- Financial Abandonment: However, if you leave and stop paying the mortgage or bills, you may be violating the court’s "Joint Preliminary Injunction" (JPI), which prohibits changing the financial status quo during the divorce.
Frequently Asked Questions: Property Division
How Long Do You Have to Be Married to Get Half of Everything in Nevada?
There is no time minimum. If you buy a winning lottery ticket or acquire a house on the second day of your marriage, it is 50% community property. However, in very short marriages, there is usually less “community” debt and asset accumulation to divide.
Does My Spouse Have Any Right to My House if I Owned it before marriage?
Generally, no. If you owned the house before marriage, it is separate property. However, if you used marital income to pay down the mortgage during the marriage, the community (your spouse) may be entitled to a reimbursement for that equity growth (known as the Malmquist formula).
What Is a Wife Entitled to in a Divorce in Nevada?
Nevada law is gender-neutral. A wife (or husband) is entitled to:
- 50% of all community assets.
- 50% of all community debts.
- Potential alimony, depending on the length of the marriage and income disparity.
What Happens to Community Property upon the Death of a spouse?
If you are still married (not yet divorced), Nevada law generally dictates that community property goes to the surviving spouse, especially if titled with “Right of Survivorship.” If you are in the middle of a divorce, it is vital to update your will and estate plan immediately, as the default laws can produce results you may not want.
What If I Left the House? Did I Abandon My Property rights?
No. Moving out to reduce conflict does not legally erase your name from the deed or your right to 50% of the home’s value.
Ready to Take the Next Step?
The decisions made during property division will affect your financial security for years to come. You do not have to navigate this complex landscape alone. Contact us at The Rosenblum Allen Law Firm today at (702) 433-2889. Let us help you protect your assets and build a stable future.
THE ROSENBLUM ALLEN LAW FIRM
Tel: (702) 433-2889 | Email: [email protected]
Tell Us How We Can Help You
Tell Us How We Can Help You
You have rights. You have options. Now is the time to exercise them all. Far too much is at stake. We're ready to help you. Give us a call