Property Division in a Nevada Divorce: Community Property, the Equal Split and Its Exceptions
Nevada family law · Last reviewed October 27, 2026
Nevada is a community property state. Most of what you or your spouse earned or bought during the marriage belongs to both of you, and in a divorce the court divides it equally. The judge can depart from an equal split only for a "compelling reason", stated in writing.
Community and separate property
NRS 123.220 defines community property as property "acquired after marriage by either spouse or both spouses", other than separate property, unless a written agreement, a decree of separate maintenance or certain other orders say otherwise. During the marriage, each spouse's interest is "present, existing and equal" (NRS 123.225).
Separate property, under NRS 123.130, is what a spouse owned before the marriage and what a spouse received during it "by gift, bequest, devise, descent or by an award for personal injury damages", together with the rents, issues and profits of that property.
Debts follow the same idea. The state self-help center explains that during a divorce "community property and community debt are equally divided."
The equal split
In granting a divorce, the court "Shall, to the extent practicable, make an equal disposition of the community property of the parties" (NRS 125.150(1)(b)). It may divide unequally only "if the court finds a compelling reason to do so and sets forth in writing the reasons for making the unequal disposition."
The statute doesn't list what counts as a compelling reason; that's left to the judge, case by case. Marital misconduct isn't mentioned at all. If you believe an unequal split is justified, that's a point to raise with a lawyer.
Joint tenancy and separate money put into it
Property you hold as joint tenants is divided the same way as community property. If one spouse used separate money for the down payment, improvements or principal payments, the court may reimburse that spouse. The reimbursement can't exceed the traceable contribution, gets no interest or appreciation, and can't exceed the property's current value. The court considers why you titled it jointly and how long you were married (NRS 125.150(2)).
Separate property for support
The court may also "set apart such portion of the separate property of either spouse" for the other spouse's support or for the children, as is just and equitable (NRS 125.150(5)).
Pensions and retirement
The court must explain, or make sure someone explains, any pension or retirement provision in the decree (NRS 125.150(1)(c)). For PERS and the Judicial Retirement Plan, the community share runs from the date of marriage to the date of the decree, and raises or promotions after the decree don't count (NRS 125.155). The court can delay payment until the employee retires and require a bond or life insurance to secure it.
Veterans' disability. Federal disability benefits for a service-connected disability can't be divided or used to pay alimony (NRS 125.165).
Assets left out of the decree
If community property or debt was left out because of fraud or mistake, either spouse can file a motion to divide it. The motion must be filed "within 3 years after the discovery by the aggrieved party of the facts constituting the fraud or mistake," and the court will divide the omitted item equally unless an exception applies (NRS 125.150(3)).
Changing a property settlement
Once property rights are decided or a settlement is approved, they can be changed later only "upon written stipulation signed and acknowledged by the parties to the action" (NRS 125.150(7)). Unlike alimony and child support, the court can't modify them just because circumstances changed.
Offers to settle the property
At any time more than 10 days before trial, either spouse can serve a written offer to settle the property issues (NRS 125.141). A spouse who rejects it and does no better at trial can be ordered to pay the other's costs and attorney's fees on those issues. An offer that includes custody, child support or alimony is void.
Agreements
Premarital agreements are governed by the Uniform Premarital Agreement Act, NRS Chapter 123A, and an enforceable one controls over the division rules above. Settlement agreements made during the divorce are attached to the joint petition or the default affidavit and become part of the decree.
Frequently asked questions
Is Nevada a community property state?
Yes. Property either spouse acquires during the marriage is community property unless it was a gift, an inheritance, a personal injury award or covered by a written agreement.
Is Nevada a 50/50 divorce state?
For community property, yes. The court must divide it equally unless it finds a compelling reason and explains it in writing.
Is an inheritance divided in a Nevada divorce?
Generally not. Property received by gift, bequest, devise or descent is separate property, along with its rents, issues and profits.
Is a house bought before the marriage community property?
No. Property owned before the marriage is separate. If you later put it in joint tenancy, it's divided like community property, though the court may reimburse separate money you contributed.
What happens to a pension in a Nevada divorce?
The part earned during the marriage is community property. For PERS, it's measured from the marriage to the decree, and the court must explain any pension provision in the decree.