Disclaimer: This article is for educational purposes only and is not legal advice. For guidance specific to your situation, consult a qualified attorney in Nevada.
Detailed Answer
In Nevada, property you and your spouse own together may be either community property or separate property. Community property includes assets acquired during marriage, while separate property consists of assets owned before marriage or received by gift or inheritance. Separation alone does not change property status.
If you want to divide jointly owned property before the divorce decree, you can file a partition action in the district court. Under NRS 40.010, any co-owner may ask the court to physically divide the property or order its sale and distribute proceeds. A partition action runs parallel to, but separate from, divorce proceedings and only addresses ownership interests.
Keep in mind:
- Community property division must still comply with NRS 125.150, which governs how the court allocates assets during divorce. The judge may later revisit property interests if you pursue division via partition action.
- You cannot resolve child custody, support or spousal maintenance in a partition action; these issues remain part of the divorce case.
- Your spouse can oppose the partition or propose a different split of the asset’s value.
To start a partition action, file a complaint in the district court of the county where the property is located. Serve your spouse and follow the court’s procedural rules for notice, discovery and trial. If the court orders sale, it appoints a commissioner to conduct the sale and distribute proceeds to each co-owner.
Key statutes:
- NRS 40.010 (Right to partition property)
- NRS 125.150 (Division of community property in divorce)
Helpful Hints
- Gather all deeds, titles and account statements to show ownership percentages.
- Consult an attorney early to review timelines and court fees.
- Consider mediation to reach a voluntary agreement and avoid litigation.
- Keep records of any agreements in writing and file them with the court.
- Understand that a partition action can take months depending on court schedules and complexity.