Legal Question in Family Law in Nevada
if i buy a home and get married if something should happen to me does the house go to my wife or to my minor age children or do the wife and children have to split it if there is no will or trust in place
1 Answer from Attorneys
If things occur in the order you set out (purchase, then marriage), you have several options -- and I can't tell if the kids in question are previous, from the marriage, or both.
Title is important. There is a presumption in Nevada law that a spouse-to-spouse conveyance of real property constitutes a gift of a one-half interest. So if you have pre-marital real estate and put your spouse's name on it, say in joint tenancy, the wife gets all of it if you die.
If the property is solely in your name, there is a question of who paid for it -- in the typical situation, where a down-payment came from separate property, but mortgage payments were made during marriage with community property, the community (and therefore each spouse) is considered to have a "pro tanto" interest in the property.
And of course you can (by agreement) change the "default" results -- by way of premarital agreement, post-nuptial agreement, separation agreement, inventory of separate property, etc., etc. To do any of these things, you should see a matrimonial law specialist. And, equally of course, you COULD always consult with a wills, trust, and estate lawyer, and attempt to ensure that property passes as you intend.