How Real Estate Is Treated In Case of a Divorce
Real Estate in Divorce
The rate of divorce cases has increased rapidly over the last few years. In the USA, for instance, the rate of divorce cases for people aged 50 and above has doubled since 1990.
Divorce at the age of 30 may not be as complicated compared to divorce cases in older parties. This is because people create and grow wealth in asset form over an extended period. When younger parties divorce, they determine the division of alimony, child support responsibilities, and bank accounts. For older parties involved in a divorce, we can expect more complex issues to crop up.
It is a rather complex matter when the parties with investments in real estate are involved in a divorce case and have to share ownership interests in a residential home or commercial real estate. The involved parties need to understand how divorce affects their collective and individual ownership of these assets.
This an article detailing what happens to a piece of real estate during a divorce.
Nevada is a community property state where any asset acquired during the subsistence of the marital relationship is shared between the divorcing spouses.
Though there are specific exceptions, community property in Nevada comprises of all property bought or obtained during marriage life irrespective of whose name is on the title to the property. For now, we do not wish to expound on the exempted properties in a bid to keep this discussion simple.
If the divorcing parties indeed acquired the property (housing or land) during the lifetime of the marriage, then ownership interests in the subject property will be shared between the divorcing parties.
The nature of real estate cannot be split into halves like bank accounts or stocks. Therefore, the parties in the divorce have to deal with the jointly-owned property in either of these three ways:
One Party Buys Out Ownership Interests of the Other Party
This option perhaps might be the easiest one for the divorcing parties; one party buys off what the other party owns in the piece of real property. For instance, if the family home or another commercial real estate establishment is worth $900,000 in net value, one spouse might choose to buy off half of the stake by paying the other spouse $450,000 (or trade-in an asset worth $450,000).
Remember we are talking about the net value of the property meaning the outstanding value of mortgage debt, unpaid property taxes, or HOA fees must first be deducted from the fair market value of the property as determined by a registered property appraiser.
Usually, your Las Vegas divorce attorney will take responsibility for sourcing an accredited appraiser on your behalf who will value the property as it is. Additionally, it will smoothen the case if both parties in the divorce can agree on a single appraiser or if both parties hire their appraiser and agree on the value.
Instances, when both parties opt to sell off the property and share the proceeds from the sale, can occur when involved parties cannot agree on the buyout value, or when neither spouse has enough capital to buy out the other, or when neither of the parties wants to hold on to the property after the divorce is formalized.
Partitioning the Property
Partitioning the property may not always be possible because of the limitations of local zoning rules and the nature of the real estate. Partitioning is only possible where the law permits and where it is realistic to physically divide the property.
For instance, it is not practical to split ownership of a residential establishment without significantly altering the structural and architectural design of the house.
On the other hand, the divorcing parties can share an apartment complex of 8 units where each party retains four housing units in the commercial establishment. Also, undeveloped land or farmland can be subdivided into 2 pieces and titles to the two land pieces obtained for each of the spouses.
What is a Separate Property?
Well, not all property obtained during the marriage is considered community property. If one of the parties in a divorce bought a property before getting married to the other spouse then that property is not marital.
Also, property whose ownership is limited by a prenuptial or post-nuptial agreement, property that was obtained through inheritance, or property that was gifted solely to one of the spouses as a gift is considered separate property. This is regardless of whether the property was gifted or inherited during the marriage life.
Equally, if the value of the separate property has increased over time without input or capital injection of the other party, the increase in value remains separate property, and ownership is not affected by marriage.
However, if the non-owning spouse has contributed the spouse’s sole property by financing improvements, renovations, payment of taxes, or mortgage service, then some or all of the value of the property may be treated as community property.
If the contribution to the spouse’s sole property by the other spouse is significant, then the entire property may be considered and treated as community property and other options to share the property in case of divorce like the ones discussed above can be explored.
It is a complicated task to determine ownership contributions by a spouse and specific attributes of a property. This is where you need to consult your divorce attorney who will help you know what amount of the property value is community property value and what is separate property value based on a case by case examination.
Contact Our Expert Divorce Attorneys in Las Vegas
We have one of the most seasoned divorce lawyers in Las Vegas. We are eager and ready to guide you in all aspects of a divorce case.
We have extensive experience in dealing with complex and high-value divorce cases with a concrete success rate on the most complicated and sensitive marital cases.
We want to help our clients understand specific areas in a divorce case where they can exploit to their advantage. Such areas such as valuation of property, distribution of equity for child custody, alimony, and temporary spousal support.
We at divorce attorneys at Donn W. Prokopius, Chtd. provide phone consultancy services at no charge at all.
Call us today at (702) 474-0500 and speak to one of our professionals about the matters concerning your divorce case.
For more information on how https://dwp-law.com/ can help you with What Happens To Real Estate In A Divorce, please contact us at (702) 474-0500, or visit us here:
Donn W. Prokopius, Chtd.
3407 W Charleston Blvd, Las Vegas, NV 89102