Nevada Community Property Division Guide

Nevada is one of only nine community property states in the United States. Under NRS 125.150, courts must divide community property equally—a 50/50 split—unless compelling reasons justify a different outcome. Understanding these rules is essential whether you're pursuing an uncontested or contested divorce.

What Is Community Property?

In Nevada, community property includes virtually everything acquired during the marriage:

• Income earned by either spouse during marriage
• Real estate purchased with community funds
• Vehicles, furniture, and personal property
• Retirement accounts and pensions earned during marriage
• Business interests developed during the marriage

Both spouses own community property equally, regardless of whose name is on the title or who earned the income.

What Remains Separate Property?

Separate property is not subject to equal division and includes:

• Property owned before marriage
• Gifts or inheritances received by one spouse
• Property acquired after separation
• Property designated separate by valid agreement

However, courts may set apart a portion of separate property for the other spouse's support if deemed just and equitable. For strategies to safeguard inheritances, gifts, and premarital assets, see our guide on protecting separate property in Nevada.

The 50/50 Default Rule

Nevada law requires courts to make an "equal disposition" of community property "to the extent practicable." This means:

• The default is a true 50/50 split
• Courts must start from equal division
• Unequal splits require compelling reasons in writing

When Courts Order Unequal Division

Courts may deviate from 50/50 only with compelling reasons, which must be stated in writing. Examples of marital waste that may justify unequal division include:

• Financial misconduct—hiding or secreting assets
• Wasteful spending—charging excessive debt after separation
• Negligent destruction of community property
• Unauthorized gifts of community assets
• Violation of court orders regarding assets

Community Debts

Community property rules apply to debts as well. Under Nevada law, liabilities incurred during the marriage are presumed to be community debts:

• Credit card balances
• Medical bills
• Personal loans
• Mortgages on community property

Both spouses are legally responsible for community debts, regardless of whose name appears on the account.

Joint Tenancy Property

Property held in joint tenancy is treated the same as community property under NRS 125.150. Courts will divide joint tenancy assets according to the same 50/50 rule.

Learn more about who gets the house in a divorce.

Postjudgment Motions

If community property was omitted from your divorce decree due to fraud or mistake, you may file a postjudgment motion within 3 years of discovering the issue.

Need a Full Property Analysis?

Nevada's 50/50 community property default, compelling-reasons exception, and community debt rules all affect your division. Get a personalized property analysis.

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Next Steps

Understanding Nevada's community property system is essential for protecting your financial interests. Key takeaways:

• Nevada is a community property state—assets are split 50/50
• Unequal division requires compelling reasons in writing
• Community debts are also divided equally
• Separate property generally remains with the original owner
• 3-year window to address omitted property due to fraud

For official forms and court information, visit the Nevada Self-Help Center. Review the Nevada divorce timeline to understand the process. Consulting with a Nevada family law attorney is recommended for divorces involving significant assets.