Property Rights and Division

Nevada is a community property state, with a presumption of equal division upon divorce; that presumption can be overcome only for “compelling circumstances,” such as the financial misconduct of wasting or secreting assets during the divorce, or the loss, destruction, or unauthorized gifts of community property.

Normally, all property acquired after marriage by either spouse is considered community property.  Spouses are considered to have a “present, existing, and equal” interest in all community property.  It is also possible for spouses to co-own property in other legal forms, such as joint tenancy or as tenants in common.  There are special rules concerning property acquired by a couple while living in another state, since Nevada does not have a quasi-community property law.