Nevada Marital Property Laws

Nevada is one of nine community property states. In these states, all property acquired during a marriage becomes the property of both spouses. During a divorce or legal separation, property division is 50/50. This type of property division is simpler than in equitable distribution states, where judges divide property according to a list of statutory factors.

Nevada community property laws make it easy for spouses to create their own prenuptial or postnuptial agreements if they want to protect their personal property during a divorce. Other states have their own definitions of personal and marital property.

Nevada courts may consider an unequal division of property if a prenuptial agreement states it should be or if circumstances require a different division. (NRS § 123.230)

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.

Marital Property vs. Separate Property

In Nevada, marital property is all property acquired during the marriage by either spouse. Both spouses have property rights to marital property during a divorce. It doesn’t matter which spouse's name is on the asset's title if the couple used community funds to purchase or improve the property.

Marital property can include:

• Wages or other income

• Joint bank accounts and credit cards

• Retirement funds and pension plans

• Business profits if the increase is due to either spouse’s efforts

• Property purchased with marital assets

Community debts are also part of the marital estate. Student loan debts acquired during the marriage are marital debts. But student loans acquired before the marriage are the separate property of the spouse who obtained them.

Separate property is property owned before the marriage or after legal separation. It can include:

• Inheritance, gifts, and bequests given to one spouse (not to both)

• Personal injury settlements

• Property traded or purchased with separate funds

• Property both spouses set aside in a written agreement

Commingling occurs when one spouse's separate property mixes with community assets. For example, if a separate bank account pays the household expenses, the account becomes community property.

FindLaw's section on Divorce and Property has more resources and information.

Nevada Marital Property Laws

In most divorce cases, asset division is a straightforward matter of tabulating the total value of the marital estate and dividing it in half. Things like real estate or vehicles are either sold and the profit split or one spouse can buy out the other. A judge may also award the other spouse an equal amount of other property. For instance, the spouse with primary child custody may receive the family house, while the other receives equivalent real property.

If a couple's settlement agreement is grossly unfair, or one spouse appears to need additional financial support, a judge may award alimony or other support based on the length of the marriage or the nature of the need. For instance, if one spouse has wasted marital assets, the other spouse may receive reimbursement from the marital estate.

Get Legal Advice From a Nevada Divorce Lawyer

Couples contemplating divorce in Nevada need legal assistance from an experienced Nevada divorce attorney. Contact one for help with Nevada divorce laws and property rights.