Nevada is a community property state. This means that each spouse owns 50% of the property assets and debts acquired during the marriage. Upon divorce or legal separation, courts distribute these assets and debts equally between the spouses.
Community property may be divided unequally upon divorce if the married couple entered
To help you better understand Nevada’s community property laws, our Las Vegas family law attorneys discuss:
Community property is property owned equally by each spouse in a Nevada marriage. 1
All property acquired by either spouse during the marriage is community property except:
Under Nevada state law, spouses own community property equally. During the marriage, either spouse may sell, spend or give away community property, except:
Additionally, neither spouse may purchase community real estate unless both join in the transaction.
Community property is generally split equally in a divorce since each spouse has a half interest by default. There may be an unequal distribution of community property when:
Example: Phil and Carla have separated and are planning to get divorced. While their divorce is pending, Phil uses $40,000 from the couple’s joint checking account to pay down his father’s mortgage.
The court finds that Phil did this in order to keep the money from Carla. Thus the court is justified in awarding an extra $40,000 of property (plus interest) to Carla. 5
Separate property is property that is owned and controlled solely by one spouse. When property is separate, the other spouse has no
Each spouse controls his or her own separate property. He or she can sell, give away, or otherwise dispose of any separate property without the consent of the other spouse. 7
More importantly, property held as separate property is not subject to distribution between the spouses in the event of divorce. (Though it may be used for child support payments).
Absent a property agreement to the contrary, property is separate property in Nevada if:
Additionally, any profit or rent a spouse receives from separate property is also the separate property of that spouse. 9
Example: Jenna owns a house when she meets and moves in with Mike. After Jenna and Mike marry, Jenna keeps her old house as her separate property and rents it out.
Rental income from Jenna’s house remains Jenna’s separate property. Any increase in the value of the house (appreciation) is also Jenna’s separate property. 10
Under some circumstances, separate property in Nevada can become community property. This occurs when separate property is commingled with community property.
If the two property types are indistinguishable, they all become community property.
For instance, separate money kept in an account in one spouse’s name remains separate.
However, if that money is deposited into a joint bank account, it becomes community property unless:
Separate property can become community property when “commingled” in Nevada
Debts incurred during the marriage are considered community debts in Nevada. Thus, both spouses are equally responsible for them.
A common community property debt is an outstanding balance on a joint credit card.
Sometimes, there is not enough community property to pay these debts. In that case, the debtor can seize the separate property of either spouse.
Note that if a spouse incurred a debt liability before the marriage, neither the community nor the other spouse is liable for it. 12
Nevada allows same and opposite-sex couples to register as domestic partners with the Nevada Secretary of State’s Office. 13
Domestic partners in Nevada have the same rights and responsibilities as are granted to spouses under Nevada law. 14 These specifically include community property rights. 15
For more information on Nevada’s domestic partnership laws, please see our article on Nevada same-sex marriage / domestic partnerships.
Nine states and the U.S. Territory of Puerto Rico are community property jurisdictions. The nine community property states are
