Legal Question in Family Law in Nevada
I got divorced Dec 29'th. In my divorce papers, it states I am entitled to half of what our house is worth at the time i decide to do so..i have until 2017 to take it.. It is paid off 100 percent. He would have to mortgage back 1/2 and pay that to me..and he make the payments. The question is.. He is eloping and I want to make sure that if their marriage fails..that she is not entitled to any of my half if I haven't taken it yet. I would assume she would be entitled to 1/2 of his portion.. Please any advice would be great on this issue.
Melissa
1 Answer from Attorneys
Obviously, the specific and exact terms of your divorce decree would be important to know -- and those can't be known without going over them in detail, presumably at a consultation.
Generally, however, one can never acquire greater rights then there are, and if the house is already paid off, there is no contribution even being made to the house equity by the new community. Short version: his remarriage does not affect your property interest. Links to significant background materials on community property law can be found on:
http://www.willicklawgroup.com/property_rights_division
http://www.willicklawgroup.com/published_works
If you decide you would like to discuss this with one of the attorneys of this firm, please take a look at our consultation policies, procedures, and costs, at http://www.willicklawgroup.com/consultation_policies.
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