Legal Question in Family Law in Nevada

My husband and I have been together for 5 1/2 yrs, but only married for 6 months. We have two boys together (ages 1 and 3) and a baby girl on the way. The home we live in and car we drive are both in his name because they were purchased before we were married and he supports us financially while I am a stay at home mom. Both deed and mortgage on the house have only his name on it. He talked to a divorce attorney and said that I have until Monday to get out or he can have some kind of order put up to have me removed from the home. I know that as we are married in Nevada, that our home is community property and he can't kick me out... but he says that whatever this order is (he couldn't remember what exactly it was) can be put into place and have me removed because it is in his name. Is there any truth to this? Is there a way he can have my kids and I kicked out before courts make the final decisions? I only have what money he gives me in cash to take care of the kids in the mean time because I am a homemaker and not on his bank accounts either, so I can't pay for an attorney. No pre-nup was signed.


Asked on 8/12/10, 8:32 pm

1 Answer from Attorneys

Marshal Willick Willick Law Group

Sounds like everyone involved is a bit misinformed.

Technically, if the house is in your husband's name, he could go through normal eviction process, but most likely he was told about a Motion for Exclusive Possession. For some details, see http://www.willicklawgroup.com/preliminary_matters_motions.

And it is possible such a motion would be granted, but if that is where your husband is going, he is pretty short-sighted, because any court granting such a request would also most likely order him to provide enough money for you and the kids to find someplace else to live during the pendency of the case.

The law of unmarried cohabitants is still in flux. See http://www.willicklawgroup.com/palimony_cohabitation. But an increasing trend is to take the period of premarital cohabitation -- when folks have long formed a single economic unit, as you have -- and treat the whole term as "marital" for property and alimony purposes, through a concept called "tacking." But the law relating to children is identical regardless of marital status, so this is like any other divorce case as to the three kids. See the Child Custody (http://www.willicklawgroup.com/child_custody_visitation) and Child Support (http://www.willicklawgroup.com/child_support) pages of the web site.

Bottom line is that you really should find a way to secure counsel. You should probably seek consultation with an appropriate family law specialist. I would suggest starting your search with the American Academy of Matrimonial Lawyers, the Nevada chapter of which can be viewed at http://www.aaml.org/go/fellows/fellows-by-state/?showResults=true&state=NV.

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.

If there is no way you can possibly retain counsel, the local Pro Bono provider is the Legal Aid Center of Southern Nevada, which can be called at 702-386-1070 (or see their information on the web at http://www.lacsn.org/option,com_jcalpro/Itemid,3/extmode,view/extid,15/). Those that take pro bono cases take them after they have been screened, and assigned, by Legal Aid. The Reduced Fee Panel sponsored by the State Bar can be reached at 702-382-2200. Additionally, there are free consultations offered on Thursdays at the self-help center; volunteer attorneys provide 15-minute consultations, for free, on family law questions. For those that wish to attempt self-representation, forms are available at the Clark County self-help center website, at http://www.co.clark.nv.us/district_court/self_help_center.htm.

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Answered on 8/18/10, 6:28 am


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