Legal Question in DUI Law in Nevada

Re: protection of spouse from DUI incident

The Nevada Legislature enacted Nevada Revised Statutes

(NRS) 123.I30, which reads

1. All property of the wife owned by her before marriage, and that

acquired by her afterwards by gift, bequest, devise, descent or by an

award for personal injury damages, with the rents, issues and profits

thereof, is her separate property.

2. All property of the husband owned by him before marriage, and

that acquired by him afterwards by gift, bequest, devise, descent or

by an award for personal injury damages, with the rents, issues and

profits thereof, is his separate property.

Under this statute, an asset which comes under its terms is the

separate property of one of the spouses in the absence of clear and

convincing proof that the asset was purchased with community

funds or credit, or was acquired by the spouse's community toil or

talent. See, e.g., Kelly v. Kelly, 86 Ney. 301, 468 P.2d 359 (1970); Pryor

v. Pryor, 103 Nev. 148, 734 P.2d 718 (1987);

NRS 123.070 allows a husband and wife to make contracts with one

another respecting property, which any unmarried person could

make. Thus, a husband could gift his separate property or his portion

of community property to his spouse, thus making her the owner of a

great deal of separate property. See, e.g., Kerley v. Kerley, 112 Nev.

36, 910 P.2d 279 (1996); Campbell v. Campbell, 101 Ney. 380, 705 P.2d

154 (1985); Schmit v. United States, 896 F.2d 352 (9th Cir. 1989). As

the wife's separate property, the husband's creditors simply could not

reach the property.