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Brent Blanchard
Brent Blanchard, Family Law Attorney
Category: Family Law
Satisfied Customers: 1975
Experience:  Eleven years of experience in family law, from pre-nups, divorces, child custody and support mod
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I'm registered as a domestic partner in New York City. I

Customer Question

I'm registered as a domestic partner in New York City. I have lived in Florida and now live in Nevada. My relationship is ending. Should I be concerned about community property ( my house) or my pension?
Submitted: 1 year ago.
Category: Family Law
Expert:  Brent Blanchard replied 1 year ago.

Thank you for your question.

Community Property in Nevada concerns only income type acquisitions during the course of a marriage. Gifts and inheritances are not income and can be changed ("transmuted") into community property only by some deliberate action of clear intent to give up the separate property nature of whatever was separate property.

What was community property in another state, remains community property when it comes into another community property state.

What was "marital" property in one of the 41 NON-community property states (including NY & FL) could generally become community property if the couple moves with that property to one of the 9 community property states like NV. It is not 100% automatic, but the non-100% circumstances are pretty rare.

NRS 122A.200 grants the same community property rights to domestic partners as enjoyed by married spouses.

The question is: what is to worry about? If there is some reason to want to keep earnings separate, a proper written agreement (similar to a post-nuptial, just not with the marriage having happened) can be created and be completely enforceable *so long as there is full and complete disclosure of all assets and income by both sides, AND both sides are nut rushed into signing it.*

Thank you.

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