Legal Question in Family Law in Nevada

As a matter of law, Nevada Revised Statute (NRS) 123.230(4) states:

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Neither spouse may purchase or contract to purchase community real property unless both join in the transaction of purchase or in the execution of the contract to purchase.

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And any property acquired during the marriage is presumed to be community property.

Further, separation does not alter the law that property acquired is generally considered community until an actual divorce is entered.

All that being said, yes, one spouse can quit-claim all interest in property to the other. Also, a Court can sign in place of a party (NRCP 70), and you may be able to negotiate the matter once proceedings are in place, without having to ask for such a judicial sign-off. And courts can find that a "disproportionate" (i.e., unequal) division of property is warranted by the facts of a case. See the article titled Disproportionate Division of Community Property, from the seminar at Fort Worth, Texas, 2005, posted on the Published Works page of our firm web site, at http://www.willicklawgroup.com/published_works.

There's enough going on that a full consultation is probably a good idea, to look at all aspects of all transactions. 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.

Good luck.