Legal Question in Personal Injury in Nevada

Re: inheritance protection - KEEPING SEPARATE PROPERTY SEPARATE

My colleague, Mr. Williams, is correct in his analysis. A good online article, entitled KEEPING SEPARATE PROPERTY SEPARATE, with further particulars is found here: http://www.wcbar.org/familylaw/95mar.html

Re: inheritance protection

The central question is whether the property belongs to the community (you and him) or just to you. The answers here depend on a number of things. First, how was title to the property taken? If it is in your name, only, you stand a good chance of asserting that the real estate is separate property, and your future ex-husband has no ownership interest. Assets obtained by inheritance are a clear exception to the general rule that everything acquired during the marriage is deemed community property. If, however, you made payments on debt relating to the property, or spent money improving the property that came from community sources (i.e., from his wages and yours), or commingled rents and other income from the property, it may be contended that the property should be deemed to have been a gift from you to the community (you and him). It is important that you consult an attorney who is very familiar with Nevada community property law, and provide him/her with all the documentation relating to the property that you can gather.

I wish you the best,

Rick D. Williams, Esq.

775-358-1958

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