Nevada is a community property state, which means that each spouse owns exactly half of the assets and debts acquired during the marriage. If you're going through a divorce, here's what you should know about the state's community property laws.
Community property belongs to both spouses equally, so it must be split equally, whether you're dealing with your home, debt, art, money, antiques and more. If you and your spouse agree that you don't want to split the community property equally, then the two of you can decide what's fair in a written separation agreement. If you can't agree or if there are certain assets in dispute, then you can still get the unequal division you prefer, or close to it, by convincing the court that there is a compelling, equitable reason for doing so.
Separate Property and Other Exclusions
All property acquired by either spouse during the marriage is considered community property except when:
- A prenuptial agreement states otherwise,
- A court issues a contrary ruling, or
- The property is the separate property of one of the spouses.
Before the court divides the community property, it must distinguish it from any separate property. Generally, separate property is property you owned before the marriage. If you want to keep something you gained during marriage out of the property division, you must give the court clear proof that it was yours before marriage, or that it was a gift intended only for you.
Determination of alimony is not part of the property-division process. The amount and duration of payments depends on factors such as your age and health, but also on how you contributed to the marriage and what your obligations are after divorce. Any award for alimony must be just and equitable.
If you're going through a divorce, please contact our Henderson family lawyers at McDonald Law Offices, PLLC to schedule a free consultation. Call (702) 850-8004 or contact us online for more information.