Legal Question in Family Law in Nevada
If my name is not on the title of our house and it was purchased after we got married am I entitled to any part of the house if we divorce/
3 Answers from Attorneys
Yes, you are entitled to any appreciation and any payment of principal from the date of your marriage to the date of the divorce. Of course, you only get 1/2 and your spouse would get the other half. If you file for divorce, make sure that your lawyer files a "lis pendens" which tells any potential buyers that the house is involved in a lawsuit, that being your divorce.
If the house has depreciated so that you are under water, you probably won't get the 1/2 for the reduction of principal. If you have any questions, you may email me at [email protected]
Nevada is a community property state. So yes, you are entitled to one-half of any appreciation in the property.
Generally, anything earned, as well as debt incurred, during the marriage is jointly held, meaning each of you own a half interest in it, whether a debt or an asset. This means that if there is any equity in the house, half of it is yours; however, if the house has negative equity, half of that is also yours.
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