Las Vegas Property Division Attorneys

Nevada Is a Community Property State

Nevada is one of only nine community property states in the country. Under NRS 123.220, nearly all property acquired by either spouse during the marriage is presumed to be community property, no matter whose name is on the title, the account, or the paycheck. The same is true of most debts taken on during the marriage.

When a marriage ends, NRS 125.150 requires the court to make an equal disposition of community property. In practice, that means a 50/50 division of the marital estate unless the judge finds a compelling reason for an unequal split and explains that reason in writing. Financial misconduct, such as hiding assets or wasting community funds, is one of the few grounds that can justify an unequal division.

One detail that surprises many clients: in Nevada, the community does not automatically end when spouses separate. Income earned and property acquired after separation, but before the divorce is final, is generally still community property. Timing matters, and it is one more reason to speak with a property division attorney early in the process.

Community Property vs. Separate Property

Not everything is divided in a Nevada divorce. Separate property belongs to one spouse alone and is not subject to division. Under Nevada law, separate property generally includes:

• Property either spouse owned before the marriage
• Gifts and inheritances received by one spouse, even during the marriage
• Certain personal injury awards
• Rents, profits, and appreciation traceable to separate property
• Assets designated as separate in a valid prenuptial or postnuptial agreement

The challenge is that separate property rarely stays neatly separate over the course of a marriage. When separate funds are deposited into joint accounts, used to buy the family home, or reinvested in a jointly run business, they become commingled. Nevada law presumes that property acquired during marriage is community property, and the spouse claiming a separate interest must prove it by clear and convincing evidence. Our attorneys work with forensic accountants to trace separate property and protect it, or to challenge separate property claims that do not hold up.

For a plain-language introduction to how Clark County courts approach property and debt, the Family Law Self-Help Center is a useful starting point. For advice about your specific estate, talk to an attorney before you agree to anything.

Assets and Debts We Help Divide

Property division is one piece of a larger case. It is resolved alongside divorce, spousal support, and any child-related issues, and decisions in one area often affect the others. These are the assets and obligations we handle most often.

The Family Home and Real Estate

For most couples, the home is the largest asset on the table. Common outcomes include selling the home and dividing the proceeds, one spouse buying out the other, or offsetting the home against other assets such as retirement funds. When a home was purchased before the marriage, or with a mix of separate and community funds, Nevada courts apply apportionment formulas to determine each spouse’s share. Getting those calculations right can shift tens of thousands of dollars.

Businesses and Professional Practices

Dividing a business requires an accurate valuation, an analysis of goodwill, and a strategy for what happens next: a buyout, an offset against other assets, or in rare cases continued co-ownership. We regularly handle closely held companies, professional practices, and high net-worth divorce matters involving layered business and investment interests.

Retirement Accounts and Pensions

The portion of a 401(k), IRA, pension, Nevada PERS account, or military retirement earned during the marriage is community property, even if the account is in one spouse’s name. Dividing these accounts correctly usually requires a qualified domestic relations order (QDRO) or a similar order tailored to the specific plan. Mistakes here can trigger taxes, penalties, or the loss of survivor benefits.

Bank Accounts, Investments, and Digital Assets

Brokerage accounts, stock options, RSUs, deferred compensation, and cryptocurrency all have community property components when acquired during the marriage. Some of these assets are easy to overlook and hard to value. We make sure they are found, valued, and divided fairly.

Community Debts

Property division in Nevada includes debts. Mortgages, credit cards, auto loans, and tax obligations incurred during the marriage are generally divided along with the assets. Keep in mind that a divorce decree does not bind your creditors: if your former spouse fails to pay a joint debt assigned to them, the lender can still pursue you. We structure settlements with indemnification and refinancing terms designed to protect you.

When Property Division Gets Complicated

Some cases require more than a spreadsheet and a settlement conference. Our attorneys are prepared for the issues that turn property division into a fight:

• Hidden assets. Both spouses must complete sworn financial disclosures in a Nevada divorce. If we suspect income or assets are being concealed, we use subpoenas, depositions, and forensic accounting to uncover them, and courts can respond to concealment with an unequal division.
• Waste of community funds. Money spent on an affair, gambling losses, or the reckless dissipation of assets can support a claim to compensate the community.
• Commingled and mixed-character assets. Homes, businesses, and accounts funded with both separate and community money require careful tracing and apportionment.
• Out-of-state and international property. Vacation homes, rentals, and overseas accounts add jurisdictional and valuation issues that we know how to manage.
• Omitted assets. Nevada law allows a spouse to return to court when community assets were left out of the decree, but strict time limits apply, so act quickly.

Financial Expertise Behind Every Settlement

Property division is as much a financial problem as a legal one. Cohen Fic & Squires includes Certified Divorce Financial Analysts on staff: professionals trained to model the long-term impact of settlement options, analyze tax consequences, and evaluate complex assets. That means the settlement you sign is built on numbers, not guesses.

Why Las Vegas Families Choose Cohen Fic & Squires

• Exclusively family law since 2003. Property division in divorce is core to what we do every day, not a side practice.
• AV Preeminent rated by Martindale-Hubbell, the highest peer rating for legal ability and ethics.
• Recognized attorneys. Partner Lesley Cohen served in the Nevada State Assembly, and partner Summer Squires was named a NAFLA Top 10 Under 40 family law attorney.
• Local knowledge. We appear regularly before the family court judges of the Eighth Judicial District Court in Clark County.
• Free consultations at our offices in Las Vegas and Henderson.

Frequently Asked Questions About Property Division in Nevada

Is Nevada a community property state?

Yes. Nevada is one of nine community property states. Property and debts acquired by either spouse during the marriage are presumed to belong to the community and are divided equally in a divorce, while separate property remains with the spouse who owns it.

Does everything really get split 50/50 in a Nevada divorce?

Community property is divided equally unless the court finds a compelling reason, stated in writing, for an unequal division. Hiding assets or wasting community funds are examples. Separate property, such as an inheritance kept in your own name, is not divided at all.

Who gets the house in a Nevada divorce?

There is no automatic answer. The home can be sold with the proceeds divided, one spouse can buy out the other, or the home can be offset against other assets. When children are involved, courts sometimes allow the custodial parent to remain in the home for a period of time. The right outcome depends on the equity in the home, each spouse’s income, and your goals.

Are retirement accounts divided in a Nevada divorce?

Yes. The portion of any retirement account or pension earned during the marriage is community property, even if the account is in one spouse’s name. Most employer plans require a qualified domestic relations order (QDRO) to divide benefits without triggering taxes and penalties.

What happens if my spouse is hiding assets?

Both spouses must file sworn financial disclosures in a Nevada divorce. If assets are concealed, your attorney can use subpoenas, depositions, and forensic accountants to find them. Judges can respond to concealment by awarding an unequal share of the community estate, and assets omitted from a decree can be divided later within the time limits set by Nevada law.

Is my inheritance protected in a divorce?

An inheritance is separate property in Nevada as long as it is kept separate. If inherited funds are deposited into joint accounts or used to pay community expenses, they can become commingled and lose their protected status. Careful tracing, and in some cases a postnuptial agreement, can preserve your claim.