QUESTION

Does my ex still have rights to half of the property?

Asked on Jun 28th, 2013 on Divorce - Nevada
More details to this question:
I signed and filled out my decree. While waiting for the final papers to be applied, I closed on a property one or two days prior to the divorce being final. Does this mean my ex will get half now that I'm trying to sell 10 years later even though she never lived or assisted in paying the mortgage?
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3 ANSWERS

Collections Attorney serving Cleveland, OH at Nancy Fioritto Patete
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It depends. Was this property included in your separation agreement now that you are days from a final judgment entry? What terms did the both of you agree upon?
Answered on Jul 02nd, 2013 at 8:19 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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The issue is when the court entered the decree and if your ex was ever on the deed or mortgage. If not and the decree was final by the date of closing, she has no rights. If the decree was final after closing, your lender should have had her sign a quit claim, but even if he didn't, a court would likely find the property to be yours if it was a matter of a few days between the decree and the closing, assuming of course that you have paid everything your were required to pay under the decree.
Answered on Jun 28th, 2013 at 7:27 PM

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Personal Injury Attorney serving Reno, NV at Law Offices of Jill K. Whitbeck
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If you live in a community property state, like Nevada, you spouse is entitled to half of everything up until the actual date of divorce. You say were waiting for final papers, but that you are selling 10 years later, which is confusing. It is irrelevant whether or not the spouse ever lived in the home, and it is irrelevant (in a community property state) whether or not the spouse made any payments as all income is community property during the marriage. If you got divorced 10 years ago, and purchased a property only days before the divorce was final, the property should have been dealt with in the divorce however, the divorce would have ended your spouse's interest in the property anyway leaving no claim to be asserted 10 years after the divorce.
Answered on Jun 28th, 2013 at 5:29 PM

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