A Family Divorce Attorney in Green Valley NV Helps Couples Figure Out Community Property Division

by | May 31, 2019 | Lawyers & Law Firms

Dividing up property is one of the main problems married couples deal with when they are getting divorced. Nevada is a community property state, viewing all of the couple’s assets acquired during the marriage as belonging to them both. A Family Divorce Attorney in Green Valley NV helps clients figure out a way to distribute assets equitably when the situation is complicated.

Community Property

Anything the couple gained in savings, real estate and other assets after the wedding is community property. Some assets acquired before the marriage also are considered community property. For example, it’s likely that each spouse owned a car before getting. If, for some reason, the other spouse’s name is added on the title to one or both of the vehicles, it typically is considered owned by both.

Monetary Gifts

There may be disagreements about substantial monetary gifts. If the husband’s parents gave him $10,000 as a gift to start a business, the wife may claim half of this should be hers when they file for divorce. Nevada laws allow for those gifts to remain separate from community property, but a judge might view this differently if the divorce case proceeds to litigation.

Debt Obligations

Debts are considered community property as well if these obligations were entered into after the couple was married. In contrast, one spouse’s credit card balance from before the marriage is not the obligation of the other spouse to pay after divorce. If the cardholder defaults, the creditor cannot come after the ex-spouse for the balance due.

The Burden of Proof

The burden of proof, in all cases, is on the spouse claiming separate property. That’s why a Family Divorce Attorney in Green Valley NV is essential for this individual, as the default court decision is to divide property equally between the spouses.

When the couple has a large number of assets and could be considered wealthy, the situation tends to be complex. A judge may be inclined to divide everything right down the middle. Keeping these decisions out of court, with the assistance of a law firm such as Pintar Albiston LLP, is a better solution. You can also connect them on Facebook.

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