Quick answer: Nevada is a community property state, one of the nine the IRS lists. In a divorce, the court shall, to the extent practicable, make an equal disposition of the community property, including community property transferred into an irrevocable trust over which the court has jurisdiction. It may make an unequal disposition in such proportions as it deems just only if it finds a compelling reason and sets out the reasons in writing. Property held in joint tenancy is divided the same way, and a party who put separate property into joint-tenancy property may be reimbursed the amount that can be traced, without interest or growth. Separate property stays with its owner, but the court may set apart part of one spouse’s separate property for the other spouse’s support or for the children’s support if it is just and equitable. A spouse may ask the court within 3 years after discovering fraud or mistake to divide community property or debts omitted from the decree, which is divided equally unless there is a compelling reason. The court must also explain to the parties how any pension or retirement benefits will be treated in the decree.
What the Nevada statute says
- Equal, with a written exception. The default is an equal division; an unequal one needs a compelling reason in writing.
- Joint tenancy. Divided like community property, with reimbursement for traceable separate contributions.
- Premarital agreements. A valid premarital agreement can change the result.
How the calculator works
You enter the community property and debts each spouse holds and each spouse’s separate property, which is kept out of the division. The calculator adds up the community estate, divides it equally and shows the payment between the spouses; you can move the slider to test an unequal division, which the court allows only for a compelling reason. The reasoning is in community property and equal division, separate property and joint tenancy and unequal division and omitted property.
Property and alimony
The court weighs the property awarded in deciding on alimony. See the Nevada alimony calculator.
Property division across Nevada
The statute applies in every Nevada district court, from Las Vegas, Henderson, Reno, North Las Vegas, Sparks or Carson City.
Frequently asked questions
Is Nevada a community property state?
Yes. The IRS lists Nevada among the nine community property states, and NRS 125.150 requires an equal disposition of community property to the extent practicable.
Does Nevada split property 50/50 in a divorce?
Community property is divided equally to the extent practicable; an unequal division needs a compelling reason set out in writing.
Is separate property divided in Nevada?
No, but the court may set apart part of it for the other spouse's support or the children's support if just and equitable.
Can I get back separate money put into a jointly titled house in Nevada?
The court may reimburse the traceable amount of separate property contributed, without interest or appreciation.
What if community property was left out of the Nevada decree?
A motion to divide omitted community property or debts must be filed within 3 years after discovering the fraud or mistake.