Nevada Divorce With a House — Your Options (2026)

Your home is typically community property in Nevada — each spouse owns 50%. How you handle it is decided in the Marital Settlement Agreement (MSA), not by a judge (in agreed cases).

Is the Home Community Property or Separate?

Purchased during the marriage with community funds: Community property — 50/50 ownership.

Owned before the marriage by one spouse: Separate property in principle. But if community funds (marital income) were used to pay the mortgage or make improvements, the community estate has a claim to that portion of the equity. Document carefully.

Inherited or gifted to one spouse: Separate property — but document the inheritance or gift clearly.

Mixed: If both separate and community funds contributed, calculate the separate equity and community equity separately and address both in the MSA.

Option 1 — One Spouse Keeps the House

MSA must include:

• Full legal description
• Agreed fair market value (professional appraisal or agreed value)
• Mortgage balance; net equity calculation
• Each spouse's share of community equity (typically 50/50 — or agreed split)
• Buyout: Keeping spouse pays the other's equity share (cash or refinance proceeds, or offset with other community assets)
• Mandatory refinancing deadline: Keeping spouse refinances into sole name within [X] days of Decree — removes vacating spouse from the mortgage
• Fallback provision: If refinancing fails by deadline, home is listed for sale
• Carrying costs during transition (mortgage, taxes, insurance, HOA)
• Grant Deed or Quitclaim Deed from vacating spouse to keeping spouse — signed, notarized, and recorded after refinancing

Deed Recording in Nevada

1. Prepare the Grant Deed (or Quitclaim Deed)
2. Both parties sign and notarize
3. Record at the County Recorder of the Nevada county where the property is located
4. Fee: ~$15–$30 per page
5. Nevada Real Property Transfer Tax: Ordinarily $1.95 per $500 of value (Clark County: $2.55 per $500). Transfers incident to divorce are exempt — include the exemption basis on the deed. Confirm the exemption with the County Recorder before recording.

Option 2 — Sell the House and Split Proceeds

MSA must include:

• Net proceeds split (typically 50/50 for community equity — less any separate property equity)
• Timeline for listing after Decree
• Agent selection process
• Occupancy and carrying costs during listing
• Price reduction authorization
• Minimum acceptable price
• Procedure if one spouse refuses to cooperate at closing

Option 3 — Deferred Sale

Often used for stability with children.

MSA must include:

• Triggering event (youngest child turns 18 or a specific date)
• Occupying spouse assumes all carrying costs
• Non-occupying spouse's equity protection during deferral (e.g., no new liens; property maintained)
• Capital improvement authorization and cost-sharing
• Sale process and proceeds split when triggered

Pre-Marital Equity — Tracing

If one spouse owned the home before the marriage or made a pre-marital down payment:

• Document the pre-marital equity with the original deed, original mortgage balance, and separate funds used for the down payment
• The MSA should acknowledge the separate property component and assign it to the original owner
• The community equity (appreciation and mortgage paydown from the marriage date) is then split 50/50

Last reviewed: March 2026 | Community property = 50/50 | MSA controls in agreed cases | Grant Deed or Quitclaim Deed | Nevada County Recorder | Transfer tax exemption for divorce deeds | Pre-marital equity should be documented

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.