QUESTION
I live in Nevada which I know is a community property state but is there any mittingating circumstances that could preclude me from ha;ving to divide
Asked on Aug 31st, 2015 on Divorce - Nevada
More details to this question:
After about two or so years of marriage my wife continued to insist that I put her name on title of my home which I owned outright before marriage. I did so to prove good faith and to continue our marriage. Some time after I did this she began talking about getting a divorce. In all the time we have been together she has not contributed anything at all in the way of taxes or insurance on the property, expenses for repairs and or improvements to the property, in essance she has contributed virtually nothing towards being deserving of being awarded half of this house in our divorce. Could this be a factor in the judge's decision on the 50/50 issue of property awards?
1 ANSWER
For background, please review the information we have assembled and posted at http://willicklawgroup.com/property-rights-and-division/. Specifically review the posted article on "disproportionate division." Your story is a bit vague, but there is also some chance that the "transmutation" could be attacked on the basis of fraud, depending on some facts that are not well developed and really would require a consultation to flesh out. It is a bit unclear from what you wrote whether your spouse might already have a substantial interest in the home even before the title change -- it depends on a bunch of facts, including the various time periods of purchase and marriage, how much money went into it, from where, when, and why. You really are going to need an in-depth conversation with a family law specialist well versed in community property law.
Answered on Aug 31st, 2015 at 1:33 PM