Who Gets the House in a Nevada Divorce?

Going through a divorce is tough, especially when it comes to deciding who gets to keep the family home.

In Nevada, this decision isn’t always clear-cut because it depends on a few key factors, like community property laws, any prenuptial or postnuptial agreements, and the unique details of your situation.

In this blog post, we’ll break down these factors to help you better understand the process and work toward a fair outcome.

Nevada’s Community Property Laws

In Nevada, we follow community property laws, which means that most things you and your spouse acquired during your marriage—including your home—are usually considered jointly owned. This applies whether you bought the house outright or are paying off a mortgage. Typically, community property is split 50/50 in a divorce.

However, there are some exceptions. If one of you bought the house before you got married, it might be treated as separate property and wouldn’t be divided. The same goes if the house was inherited or given as a gift specifically to one spouse. In these situations, the spouse who owns the separate property might get to keep the house after the divorce.

Prenuptial and Postnuptial Agreements

Prenuptial and postnuptial agreements can play a big role in deciding who gets what, including the family home, during a divorce. A prenuptial agreement is a legal contract you sign before getting married, while a postnuptial agreement is made after you’re already married. These agreements can lay out exactly how assets, like your home, will be divided if you ever get divorced.

If you and your spouse have a valid prenup or postnup, it usually takes priority over Nevada’s community property laws. For instance, if the agreement says the house goes to one spouse no matter when it was bought, the court will likely go along with that. However, the agreement needs to be fair and signed willingly by both of you. If the court finds it to be unfair or that one of you was pressured into signing, it might not enforce the agreement, and the house could end up being divided according to standard community property rules.

Other Factors Considered in a House Division Decision

If there’s no prenuptial or postnuptial agreement, or if the court finds an agreement unenforceable, the court will decide how to divide the house based on several factors. While Nevada courts usually aim for an equal division of community property, they consider the following:

• Best Interest of the Children: If there are children involved, the court may prioritize their needs. The custodial parent may be awarded the home to maintain stability, especially if moving would disrupt their lives.
• Financial Circumstances: The court assesses each spouse’s financial situation. If one can better afford the house, they may keep it. If not, the court might sell the home and split the proceeds.
• Contribution to the Home: The court looks at how each spouse contributed to the home, whether through mortgage payments or maintenance and improvements.
• Debt Associated with the Home: If there are outstanding debts on the house, the court will decide how to manage these obligations. Sometimes, selling the home to pay off debts is necessary before splitting any remaining equity.

Potential Outcomes of House Ownership in a Nevada Divorce

Depending on your divorce situation, the court may come to a few different decisions about the family home:

• One Spouse Keeps the Home: The court might decide to award the house to one spouse. This can happen if both spouses agree or based on the factors we’ve discussed. The spouse keeping the home may need to buy out the other’s share or offer other assets as compensation.
• Selling the Home: Sometimes, the court will order the home to be sold, with the proceeds divided between the spouses. This often happens if neither spouse can afford to keep the home or if there are significant debts linked to the property.
• Deferred Sale: The court may allow one spouse, usually the one who has primary custody of the children, to stay in the home for a certain period. This could be until the kids reach a specific age. After that time, the house may be sold, and the money split between the spouses.

How to Keep Your House in a Divorce

If you’re going through a divorce in Nevada and want to keep the house, it’s important to talk to a divorce lawyer. They can help you understand community property laws and look over any prenuptial or postnuptial agreements.

At Smith Legal Group, we’re here to guide you through the complexities of asset division, advocate for your best interests, and work towards a fair outcome, whether in negotiations or court.

Feel free to reach us at 702-410-5001 to request a free consultation.