Legal Question in Family Law in Nevada
Divorce
Im 49. at 16 My mother gave me land she also gave me land 4 yrs ago, my question is I placed these parcels in My Family trust, if I was to get a Divorce would I lose 1/2 of these because I put them In my trust.
2 Answers from Attorneys
Re: Divorce
No, because you can trace the money to a separate property source. She will argue it was a gift to the community if she will receive all of your property in your trust. If she only gets a portion of the trust, it would be easier to rebut the presumption.
Re: Divorce
In Nevada, a community property state, the issue is where did you get the land from and what is it being used for. If you received the land from your mother and you have it in a trust separate from your marital assets the presumption is it is a separate source and immune from disbursement at time of divorce.
If your trust is for the sole benefit of your wife and you have been using the land in conjunction with her (living on land, running commercial business, etc.) she would have a claim to have a Court declare your land community property.
If you wish to speak to an attorney to review your trust and consult with you about your situation and potential divorce contact my office for a free initial consultation.
Best Regards,
Jim Herbe
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