Legal Question in Family Law in Nevada

I do not know what the wording of the prenuptial agreement is but I don't think you will waive the provision to live in the marital home by temporarily moving out and taking some furniture. Of course you may give your husband's attorney some ammunition for challenging the prenupt by moving out indefinitely, but I don't think what you're doing constitutes abandonment or waiver of your rights contained in the prenupt. However, if the house is upside down on the mortgage and neither of you are going to live in the house then the Judge may order you to move back in and/or pay the mortgage rather than let the community debt continue to run up when it would be more practical to sell the house.

Mr. Smith's reaction to your question was the same as mine. I strongly suggest you have a consultation with a family attorney to review your prenuptial agreement. A few hundred dollars now could save you thousands later. Depending on the language and length of the agreement, do not be surprised if an attorney will want to analyze and research it and your current situation before offering definitive advice. Your thoughts about divorce could also be affected by a legal consultation.