Legal Question in Family Law in Nevada

I purchased a vehicle in 2004. To date I have been the sole owner with title and registration. I recently got married on 6-14-2011 and have been predominately the $$$ provider. Unfortunately because I lost my job my spouse abandoned me and took my truck. I called the police whom came to my residence and explained the circumstance. Their response was because this is a common law state, the marriage certificate (regardless of length of time being married) means he legally can keep the vehicle, leave me financially destitute and there is nothing I can do. Basically I feel that I have no rights and no recourse. Is there anything I can do? Thanks Gigi in Las Vegas Nevada


Asked on 1/18/12, 11:15 am

1 Answer from Attorneys
Marshal Willick Willick Law Group

Gigi:

Never take legal advice from a cop (or a bartender, plumber, or hairdresser).

No -- your premarital separate property is and remains your sole and separate property (if there is any claim of community investment in the vehicle, it is tiny). If you file for divorce, you should be able to pretty quickly get an order requiring return of your property. For legal authority, see Dimick v. Dimick, 112 Nev. 402, 915 P.2d 254 (1996) (It was error for the district court to fail to order the return of each party's personal separate property to that party). See http://www.willicklawgroup.com/property_rights_division.

Your first step is a consultation with qualified family law counsel. See http://www.willicklawgroup.com/consultation_policies.

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Answered on 1/18/12, 1:01 pm


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