Do I have legal right to a home that my husband buys with money from his court settlement?
Question Details:
The money is in a bank account with only his name on it.
This is a brief answer to an in depth question that needs to be addressed by an attorney in your area familiar with the law.
Nevada is a community property state. However, Nevada allows a married person to own separate property. This property can be used by the married couple in the marriage, or be held by the spouse who owns it separate and apart from the marriage community.
In Nevada, the right of a spouse to separate property is constitutional. See Article 4, § 31 of the state constitution.
Responding to the constitutional section regarding separate property, the Nevada Legislature enacted Nevada Revised Statutes (NRS) 123.I30, which reads
1. All property of the wife owned by her before marriage, and that acquired by her afterwards by gift, bequest, devise, descent or by an award for personal injury damages, with the rents, issues and profits thereof, is her separate property.
2. All property of the husband owned by him before marriage, and that acquired by him afterwards by gift, bequest, devise, descent or by an award for personal injury damages, with the rents, issues and profits thereof, is his separate property.
Under this statute, an asset which comes under its terms is the separate property of one of the spouses in the absence of clear and convincing proof that the asset was purchased with community funds or credit, or was acquired by the spouse's community toil or talent.
No the brief answer here is "no". As for whether or not it or a portion of it (increase in value, etc.) can ever be community property ask an attorney in your area.

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