Property division upon divorce in Nevada and California
Division of property, is also known as equitable distribution, is a judicial division of property rights and obligations between spouses during divorce. It may be done by agreement, through a property settlement, or by judicial decree.
Property Division Law by state:
Property division in a divorce varies from state to state. It is affected whether the state is a community property state or not. In the case of both California and Nevada, they are under the states that follow the community property divisions.
Types of property:
We have three types of property and these are Community property, Separate property, and Property purchased with commingled funds. If both spouses in a divorce action disagree regarding property division, a judge will have to rule on this issue using state law as a guideline. As with all aspects of divorce law, these statutes also vary from state to state.
Let’s define them further:
These are properties that have been accumulated upon entering matrimony or marriage including any debts (unless the debts or property are specifically designated to just the husband or wife).In the case of California and Nevada, these are evenly split with both the spouses but, they can be divided unequally if there was a prenuptial agreement set in place and still in effect or if there is a separate agreement in any divorce with the intervention of any legal body.
Non-marital property includes property that each spouse brings into the marriage, keeps in his/her own name and keeps separate from marital assets. It also includes gifts and inheritances to one spouse that are kept separate. Any business or property bought separately but is maintained by both spouses are considered commingled and thus may be converted into community property.
Property purchased with commingled funds
These are the properties bought or maintained with both the spouses’ funds and these are considered commingled. More often commingled property will then be considered community property even if the property originally was a separate property. The courts will have to intervene in the division of such assets. If one of the spouses do want to keep it completely separate, they will have to put in the effort and most likely dispute it if there was no prior stipulation or agreement beforehand.
Some states allow for the division of both separate and marital property upon divorce, but the origin of the property is taken into consideration when allocating the property. After distributing separate property, the judge then divides the marital property and further rules out the division between property purchased with commingled funds.
Division of the current marital or family house
Division of the family home has a few factors that play depending on how it was bought as well if both spouses have any children. If there are children in the marriage, the parent is involved in the majority of raising the children gets to keep the family house however, if one of the partners bought the house separately with their own funds and no children came about from the marriage, then the spouse that bought the house gets to keep the house legally and may require the other partner to leave.
But if the property was bought with commingled funds and no children were born, the court will help with the division of the real estate but while this is on-going, both spouses do not have any legal right to ask the other to leave. Even if both are in the heat of the argument, the other may not lock the partner out of the home. That is grounds for calling in the police for being denied of rightful entry. That case can only be overruled when there is domestic violence involved.
How can Leslie Shaw help you?
The Family Law Office of Leslie J. Shaw is dedicated to providing the highest degree of service, professionalism, and integrity. We offer creative solutions for complex divorce. As your trusted Reno divorce attorney, we offer full-service family law counsel.
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