Nevada Property and Debt Division in Divorce

Part of my Nevada Family Law Overview.

By Ronald W. Brilliant, Attorney at Law · Licensed in Idaho, Nevada & California · Last reviewed: September 2026 against Nevada Revised Statutes Title 11, chapters 121 through 130 (current through the 2025 legislative session and 2026 special session revisions)

In This TopicNevada Family LawTopic 7 of 15: Property Division

When a Nevada court grants a divorce, it must decide what happens to the spouses’ property. The main rule is that the court must, to the extent practicable, make an equal disposition of the community property of the parties (NRS 125.150(1)(b)). This page explains how Nevada statutes sort property into community and separate property, when the court may divide property unequally, and what happens to retirement benefits, jointly held property, and property that was left out of the decree.

These division rules apply unless the action would be contrary to a premarital agreement between the spouses that is enforceable under chapter 123A of NRS, and they are subject to special rules for certain public retirement benefits and veterans’ disability benefits (NRS 125.150). If you have a premarital agreement, see Nevada Premarital Agreements.

Community Property and Separate Property

Nevada law recognizes two main kinds of property in a marriage. Separate property is all property a spouse owned before the marriage, plus property the spouse acquired afterward by gift, bequest, devise, descent or an award for personal injury damages, along with the rents, issues and profits of that property (NRS 123.130).

Community property is all other property acquired after marriage by either spouse or both spouses (NRS 123.220). Property acquired after marriage is not community property if a written agreement between the spouses, a decree of separate maintenance, NRS 123.190, or a decree or written agreement under NRS 123.259 provides otherwise (NRS 123.220).

One example of that exception: if one spouse gives the other written authority to take the first spouse’s earnings for his or her own use, those earnings and their issues and profits are treated as a gift and become the receiving spouse’s separate property (NRS 123.190). During the marriage, each spouse’s interest in community property is a present, existing and equal interest (NRS 123.225(1)).

A married couple may hold real or personal property as joint tenants, as tenants in common, or as community property (NRS 123.030). For more on how property is owned and managed during the marriage, see Nevada Marital Property Rights.

The Equal Division Rule and Its Exception

In granting a divorce, the court must, to the extent practicable, make an equal disposition of the community property (NRS 125.150(1)(b)). This includes community property transferred into an irrevocable trust under NRS 123.125 if the court acquires jurisdiction over that trust under NRS 164.010 (NRS 125.150(1)(b)).

The court may make an unequal disposition of community property, in the proportions it deems just, only if it finds a compelling reason to do so and sets forth in writing its reasons for the unequal disposition (NRS 125.150(1)(b)). The statute does not list what counts as a compelling reason.

For property placed in certain trusts, a spouse who claims the property changed character must prove it. A spouse or other party must establish by clear and convincing evidence that property transferred into a trust changed from community property to separate property, or from separate property to community property (NRS 123.125(2)).

Property Held in Joint Tenancy

Except as the statute provides, the court must dispose of property held in joint tenancy in the same manner it disposes of community property (NRS 125.150(2)). If a spouse contributed separate property to buy or improve the joint tenancy property, the court may order that spouse reimbursed for the contribution (NRS 125.150(2)).

Reimbursement has limits. It cannot exceed the amount of separate property that can be traced to the purchase or improvement, and it is calculated without interest or any adjustment for an increase in the property’s value (NRS 125.150(2)). It also cannot exceed the value of the joint tenancy property at the time of the disposition (NRS 125.150(2)).

In deciding whether to order reimbursement, in whole or in part, the court must consider (NRS 125.150(2)):

• The intention of the parties in placing the property in joint tenancy;
• The length of the marriage; and
• Any other factor the court deems relevant in making a just and equitable disposition of that property.

A “contribution” includes, for example, a down payment, a payment to buy or improve the property, and a payment that reduces the principal of a loan used to buy or improve the property (NRS 125.150(2)). It does not include loan interest payments or payments for maintenance, insurance or taxes on the property (NRS 125.150(2)).

Separate Property and Support

The equal division rule applies to community property. However, in granting a divorce, the court may set apart a portion of either spouse’s separate property for the other spouse’s support, or either spouse’s separate property for the support of their children, as is deemed just and equitable (NRS 125.150(5)). See Nevada Alimony and Nevada Child Support.

Debts

Neither a spouse’s separate property nor that spouse’s share of the community property is liable for the debts the other spouse contracted before the marriage (NRS 123.050). Chapter 125 also refers to community “liabilities.” For example, a spouse may ask the court after the decree to divide a community liability that was left out because of fraud or mistake (NRS 125.150(3)).

In a summary proceeding for divorce (a joint petition), the spouses must either have no community or joint property or have signed an agreement dividing the community property and setting out the assumption of any community liabilities (NRS 125.181(4)). They must also have signed any deeds, certificates of title, bills of sale or other transfer documents needed to carry out that agreement (NRS 125.181(4)).

Pensions and Retirement Benefits

The court must provide an explanation, or make sure an explanation has been provided, to the parties of any provision about dividing pension or retirement benefits that will be in the divorce decree or a related order (NRS 125.150(1)(c)).

Public Employees’ Retirement System and Judicial Retirement Plan

Special rules apply to benefits from the Public Employees’ Retirement System or the Judicial Retirement Plan, unless contrary to an enforceable premarital agreement or prohibited by specific statute (NRS 125.155). In valuing the interest, the court must base its decision on the years the contributing spouse was employed and received the interest, from the date of marriage to the date the decree of legal separation or divorce is entered (NRS 125.155(1)(a)). The court may not base its decision on any estimated increase in value from a promotion, raise or other efforts after the decree (NRS 125.155(1)(b)).

The court may order that the benefit not be paid before the participating spouse retires (NRS 125.155(2)). To make sure the other spouse is paid, the court may require a surety bond, require a life insurance policy naming the nonparticipating spouse as beneficiary, increase the nonparticipating spouse’s share by agreement of the parties to make up for the delay, or allow another form of security (NRS 125.155(2)(a)-(d)).

An interest a spouse receives only because of this kind of disposition, and any related obligation to pay it, ends when either party dies (NRS 125.155(3)). The exception is when, under an agreement of the parties or a court order, the participating spouse provides an alternative to an unmodified service retirement allowance under NRS 1A.450 or 286.590 (NRS 125.155(3)).

Veterans’ Disability Benefits

Unless contrary to an enforceable premarital agreement, when dividing community property and joint tenancy property the court may not attach, levy, seize, assign or otherwise divide federal disability benefits awarded to a veteran for a service-connected disability under 38 U.S.C. §§ 1101 to 1151 (NRS 125.165).

Protecting Property While the Case Is Pending

After the complaint is filed, if it appears probable that either spouse is about to do something that would defeat or weaken an order the court might make about property, the court must issue a restraining order or other order needed to prevent it and preserve the status quo until the case is decided (NRS 125.050).

While the divorce is pending, the court may also make orders affecting the spouses’ property to provide temporary maintenance, temporary child support, or money to carry on or defend the suit (NRS 125.040(1)-(2)). Those orders may be made only after the court considers each party’s financial situation (NRS 125.040(2)).

Agreements and Settlement Offers

Spouses may contract with each other about property, subject to the general rules that control people in relationships of confidence and trust (NRS 123.070; NRS 123.080(1)). If the spouses’ contract is introduced as an exhibit in the divorce and the decree ratifies, adopts or approves it by reference, the decree has the same force and effect as if the contract were copied into it (NRS 123.080(4)).

Nevada also has a formal offer procedure for property issues. At any time more than 10 days before trial, a spouse may serve a written offer to allow a decree to be entered on the property rights on the terms of the offer (NRS 125.141(1)). The key timing rules are:

Step	Rule
Making the offer	At any time more than 10 days before trial (NRS 125.141(1))
Offer accepted and approved by the court	The court enters judgment on the offer’s terms when it enters the divorce decree (NRS 125.141(2))
Offer not accepted	Deemed rejected if not accepted before trial or within 10 days after it is made, whichever occurs first; it cannot be used as evidence at trial (NRS 125.141(3))
Rejecting spouse does no better at trial	The court may order that spouse to pay the other side’s related taxable costs and reasonable attorney’s fees incurred after the offer, and may bar that spouse from recovering related costs and fees, except preliminary attorney’s fees already awarded (NRS 125.141(4))
Offer includes custody, child support or spousal support	The entire offer is void under this section (NRS 125.141(6))

Before imposing those consequences, the court must consider several factors, including whether each party had counsel, whether the offer was made in good faith and was reasonable in timing and amount, and whether rejecting it was done in bad faith or was grossly unreasonable (NRS 125.141(5)).

After the Decree

Changing a Property Division

Once the court has decided the property rights, or approved the spouses’ agreement settling them, the court may later modify that division upon a written stipulation signed and acknowledged by the parties, and in accordance with its terms (NRS 125.150(7)). This is true whether or not the court retained jurisdiction to modify them (NRS 125.150(7)).

Property or Debts Left Out of the Decree

A party may file a postjudgment motion in a divorce, annulment or separate maintenance case to have the court divide community property or a community liability that was omitted from the decree because of fraud or mistake (NRS 125.150(3)). The motion must be filed within 3 years after the aggrieved party discovers the facts constituting the fraud or mistake (NRS 125.150(3)).

The court has continuing jurisdiction to hear the motion and must divide the omitted property or liability equally unless (NRS 125.150(3)):

• The property or liability was included in a prior equal disposition, or in a prior unequal disposition made with written findings of a compelling reason; or
• The court determines a compelling reason in the interests of justice to divide it unequally and sets forth its reasons in writing.

If such a motion results in a judgment dividing a defined benefit pension plan, the judgment may not be enforced against an installment payment made by the plan more than 6 years after that installment payment (NRS 125.150(3)).

Attorney’s Fees

Except as provided in the offer rules of NRS 125.141, the court may award a reasonable attorney’s fee to either party to a divorce, whether or not temporary suit money was requested under NRS 125.040 (NRS 125.150(4)).

For the divorce process itself, see Nevada Divorce. For property issues in annulment and separate maintenance cases, see Nevada Annulment and Separate Maintenance.

How I Can Help

I help clients identify which of their assets and debts are community or separate property, understand how Nevada’s equal division rule applies to their situation, and prepare property agreements, settlement offers and retirement benefit provisions for the decree. I also assist with postjudgment motions involving property that was left out of a decree. Request a consultation to discuss your situation.

This page provides general information about Nevada family law, based on the Nevada Revised Statutes as currently revised, and is not legal advice. Court rules, regulations (including the child support guidelines), and case law also affect family law matters. Every family is different; consult an attorney about your situation. Reading this page does not create an attorney-client relationship.