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#137563 - 05/17/06 08:29 AM Community Property Nevada
mymoneygone Offline
New User

Registered: 05/17/06
Posts: 3
My husband and I decided that prior to the marriage we would buy a house. He did it through the VA and his name is the only name that apppear on the deed. Now we are getting divorced and he told me that I am not entitiled to any of the equity in the house since his name is the only name on the house. My name is on the 2nd mortgage on the house. Does anything in community property entitles me to anything? I guess I was just paying rent all this time...Huh?

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#137564 - 05/23/06 02:22 AM Re: Community Property Nevada
mymoneygone Offline
New User

Registered: 05/17/06
Posts: 3
Can anyone help me with this? Please important.

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#137565 - 05/23/06 07:29 AM Re: Community Property Nevada
yanks_96 Offline
New User

Registered: 05/22/06
Posts: 3
From my understanding of Nevada law anything that is brought into the marriage is yours to keep after the marriage. However, since your name is on the second mortagage I would think that you are entitled to a portion of the proceeds. Email me if you are interested in a very very good divorce lawyer. He is not cheap, but he is very effective.

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#200997 - 07/21/08 09:24 AM Re: Community Property Nevada [Re: yanks_96]
NV_Attorney Offline
New User

Registered: 07/20/08
Posts: 4
Loc: Nevada
You are entitled to part of the house. If the house was paid in full prior to the marriage by him alone, that is one thing. It doesn't matter whose "name" it is in, but where the money came from to make payments. Community funds have been paying the mortgage (it doesn't matter whose paycheck the funds came from). Also, if you made payments on the house before you were married those are also taken into account. Doing the calculation is fairly simple. You are entitled to 50% of the community property funds that went into the house. Now that you have calculated the percentage you are entitled to, you can figure out the equity in the house at the current market value and that is what you are owed. He can either buy you out of the house (and refinance it and remove your name from all mortgages), or it can be sold if you want to press the issue.
_________________________
Brian Morris, Esq.
info@NevadaDivorceAssistance.com

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