Legal Question in Family Law in Nevada
divorce, debt & property
My husband left me and our kids. We have a house and two cars in our names(he's getting one and I have the other car). I would like to know what is the law on our property. He says that I should pay for some of his credit card debt if I keep some things we acquired during the marriage. I helped to pay the bills,too. I know NV is community property state. Is there a way to get our names of of each others cars? We also have no joint credit cards so I know we will each be responsible for our credit card debts. I want to keep the house as I will have custody of children. Can he just quit claim it to me?
1 Answer from Attorneys
Re: divorce, debt & property
Nevada is a community property state, meaning that property and debt is generally divided 50/50. There are exceptions to this rule, however.
Even though credit card debt is incurred in only one party's name it can still be considered community property debt which would be divided by the court.
If you own the cars, one party can sign the car title over to the other party. If you still owe on the cars, there are forms you can get through DMV to transfer the car, but if the underlying debt is in both parties' names you both still owe on it until it is refinanced.
One party can quit claim the marital home to the other party but both parties remain liable on the mortgage(s) associated with the home unless the debt is refinanced.
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