Legal Question in Family Law in Nevada

You ask several questions. As to the housing, unfortunately, that is not enough info on which to base an educated guess as to outcome. The entirety of your economic situations (both of you) and the exact numbers as to all the homes involved would have to be gone over. To make it even more uncertain, different judges have been handling the "underwater" situation in different ways.

The 401(k) is simpler. All Nevada law so far has discussed the "time rule" for pension accruals -- for an explanation, see the most current time rule write up on our web site, which is in an article about military retirement (but fully applicable here). For a full explanation, see the section entitled "The Ubiquitous Time Rule" of the article entitled "Divorcing the Military: How to Attack, How to Defend," posted on the Military Retirement Benefits page of our firm website, at http://www.willicklawgroup.com/military_retirement_benefits.

Pay particular attention to the section of the article questioning whether the time rule should be used at all to analyze "defined contribution plans" like your 401(k). Probably not, really -- but the specific facts of what was contributed when would have to be gone over to see who would profit or lose by which possible analysis. As you can tell if you look over the site (see, for example the QDRO/Retirement orders page, at http://www.willicklawgroup.com/qdro_retirement_orders) we do a very large amount of work in this area.

I suggest you speak with a qualified domestic relations specialist. 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.