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How inheritances are split in Nevada divorces

Nevada is a community property state, and this means in a divorce, assets are supposed to be split equally. However, there is still a number of assets that are exempt from this split, including inheritances in some cases.

An inheritance left by a family member of one spouse to both spouses would be considered community property, but if the inheritance was left to only one spouse, it might not be. The key would be what happened to the inheritance after it was received. If the inheritance was deposited in a joint account, used to purchase something owned by both individuals or put into an inheritance account, this is considered commingling. At this point, the spouse who received the inheritance will have a much more difficult task in proving that the inheritance is not community property.

There are a few ways around this. A prenuptial agreement may protect inheritances that happened either before or after the marriage. Even if an inheritance is commingled, an individual may attempt to demonstrate it was never meant to be shared between the two spouses.

Because the burden of proof can be high in proving that commingling did not indicate joint ownership, an individual fighting to keep an inheritance as part of a complex marital estate may wish to consult an attorney. An attorney may be able to help their client in establishing their separate property from marital property and could also help with other aspects of property division, such as taking inventory of a couple’s assets or evaluating the accuracy of the other spouse’s reporting of assets.

Source: Findlaw, “Inheritance and Divorce“, December 04, 2014

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