What to do about non-community property in a divorce?

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What to do about non-community property in a divorce?

While I was married my dad deeded me on his property. The deed is in my dad’s name and mine name (listed as a married women). In the divorce, do I need to have my future ex-husband quit claim off my dad’s property? His name is not on title, but I don’t want to have problems later on. What do I need to do?

Asked on January 28, 2011 under Family Law, Nevada

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your husband is not on the property so he doesn't have a direct right to said property. The question is does he have an indirect right because it may be considered community property. There is equitable distribution in Nevada, which takes into consideration several factors. Some of those factors include the length of the marriage, the contribution of each to the marriage and commingling of assets. If this property you own with your father was meant as a marital asset, it may be an issue. If you don't work and your spouse does, and your spouse contributed to the mortgage then there may be an issue.  The bottom line is without more information, there really is no clear and definite way for anyone to know how the court will rule.  Absent anything that could sway a portion of up to half of that fifity percent you have to your spouse, it appears it would probably remain a separate property asset to be equitably kept solely by you without a requirement of reimbursement to your spouse for a portion of its worth. Your husband cannot quit claim what he doesn't own.  It is named as you as a married woman because you are married.


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