I had a conversation yesterday with a woman whose husband is ready to file for a divorce. He had told her that she needs to move out because the house belongs to only him because she is not on the title, the mortgage, or the deed of the home. She was terrified of the thought that she could be evicted from her home and wanted to know her rights.

I explained to her that Nevada is a community property state. This means that as long as the home, or any other asset, was purchased during the marriage with community funds, she has the same rights to it as he does. This principle applies regardless of whose name is on the note, the mortgage, the deed, or any documentation as long as the asset was purchased during the marriage, and with community funds. If these conditions apply, then legally she has the same right to the home as he does and therefore cannot be forced to leave.

That being said, in many divorces it usually becomes difficult for couples to live together in the same home. For that reason, one party may request that the court allow them exclusive rights to stay in the home until the divorce is finalized. This request must be made through the court system and presented to a judge. Only the judge will have the decision-making power to determine who gets to stay in the home until a division of assets is determined.

Barring a judge’s decision, remember that even though your name might not be on the home, you have the same rights as your spouse does to community property. Therefore, rest assured that you cannot be evicted from your home simply because all documentation is under your spouse’s name.

If you are considering divorce or would like to discuss your options with an experienced Family Law attorney, do not hesitate to contact our team for more information. Our office can be reached at (702) 998-1188, info@ljlawlv.com, or by scheduling a consultation online.

For additional information, be sure to check out our Family Law Blog, podcast, and Family Law TV playlist on Youtube.

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