Legal Question in Family Law in Nevada
marital vs seperate property
The title of our residence was transferred to my wife as required by lender when we refinanced and the loan was put in her name only because of my bad credit. She had sold the property while we are in the process of divorce. She contends that this is her seperate property. Because she had quitclaimed the property to her LLC, the LLC had to quitclaim it back to her before she could sell it. If the property infact became seperate when I quitclaimed it to her, did it become marital again when it was quitclaimed back to her by her limited liability company before she can sell it? OR is the property a marital propety from beginning to end?
2 Answers from Attorneys
Re: marital vs seperate property
Nevada is not a title state. If you are married the property is still community unless you have signed a pre-marital or post-marital contract which states the property is separate when put in your own name.
Re: marital vs seperate property
I agree with Mr. Smith, as long as you do not have a post-nuptial, you still have rights. Further, since the transfer was to do a refinance, there can be no presumption of a gift.
You will probably need an attorney to present this to the judge due to the complexity and the fact that so much money is involved.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
