Community Property in Nevada: Who Gets What in a Northern Nevada Divorce?
Nevada is one of only a handful of "community property" states. For couples in Reno, Minden, and Carson City, this legal distinction is the single most important factor in determining how your bank accounts, homes, and even your debts are divided during a divorce.
At the Law Offices of Maximilian A. Stovall, we believe that understanding the rules of the road is the first step toward a fair financial future. Here is what you need to know about asset division in Northern Nevada.
What is Community Property?
In simple terms, community property includes almost everything—assets and debts—acquired by either spouse during the marriage. Under NRS 123.220, the law presumes that both spouses have an equal, 50/50 interest in this property, regardless of whose name is on the title or who earned the paycheck.
Common examples of community property include:
- Income earned by either spouse during the marriage.
- Real estate purchased during the marriage.
- Retirement accounts and 401(k)s funded during the marriage.
- Debt, such as credit cards or medical bills, incurred while married.
The Exception: Separate Property
Not everything is split down the middle. Separate property belongs solely to one spouse and is generally not subject to division. This typically includes:
- Anything you owned before the marriage.
- Inheritances received by one spouse alone.
- Gifts given specifically to one spouse.
- Personal injury awards.
The "Commingling" Trap: Separate property can quickly become community property if it is "commingled." For example, if you use an inheritance (separate) to pay down the mortgage on your family home (community), the lines become blurred. This is where a clear legal strategy is vital.
How the Court Divides the "Community"
While the starting point is a 50/50 split, a Nevada judge has the power to make an unequal distribution if there is a "compelling reason" to do so. This might happen if one spouse wasted community assets (marital waste) or if there are specific financial inequities that need to be addressed.
The Role of Smart Strategy
In Northern Nevada courts, the "division" isn't always about selling everything and splitting the cash. Smart legal representation focuses on:
Offsetting Assets: Perhaps one spouse keeps the house while the other keeps the retirement account of equal value.
Business Valuations: If you own a business in Reno or Minden, determining its value and how much of it is "community" vs. "separate" is a complex task.
Debt Allocation: Ensuring you aren't stuck paying for debts your spouse incurred that didn't benefit the marriage.
Protecting Your Future with the Law Offices of Maximilian A. Stovall
Property division is often the most contentious part of a divorce. Max Stovall combines a calm, compassionate presence with a fierce dedication to ensuring his clients receive their fair share. We work to identify every asset, trace separate property, and ensure your financial interests are protected in court.
Don't leave your financial legacy to chance.
If you are concerned about how your assets will be divided, contact the Law Offices of Maximilian A. Stovall for a consultation in Reno or Minden.



