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Divorce – Reimbursement of Contribution In dividing

Divorce – Reimbursement of Contribution In...
Divorce – Reimbursement of Contribution
In dividing community property during divorce in Nevada, “If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may provide for the reimbursement of that party for his or her contribution.” “In determining whether to provide for the reimbursement…, the court shall consider: (a) The intention of the parties in placing the property in joint tenancy; (b) The length of the marriage; and (c) Any other factor which the court deems relevant in making a just and equitable disposition of that property.” NRS 125.150 http://www.leg.state.nv.us/NRS/NRS-125.htmlI sold my real property in Oregon that I bought before marriage (i.e., separate property) and did a like-kind (1031) exchange to acquire raw land in NV. The land was initially titled as my separate property. Then, not understanding the ramifications, I immediately quit-claimed it into joint ownership with right of survivorship, adding my wife to title. Later, we built a house on it; each contributing to the work and cost. We are divorcing now and I’d like to be reimbursed my contribution of separate property. What is a convincing “intention” that would cause a judge to provide for reimbursement of my contributed separate amount?
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Answered in 8 hours by:
12/20/2016
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30,761
Experience: Attorney with experience in family law.
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Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

A common reason people add a spouse to property is to protect the spouse in the event of unexpected death, but the judge isn't going to want to hear why some people do it. He'll want to know what you were thinking at the time of the transfer and what your wife expected upon receiving the property. To get reimbursed for the separate property, you have to convince the judge that you never wanted to give your wife a gift of the property. The judge can consider evidence of any conversations the two of you had before you quitclaimed the property to add your wife's name. If the two of you spoke to any third parties about the transfer, that person could testify as to what each of you said.

You can also try explaining to the judge that you weren't aware how the transfer would affect things if you and your wife later divorced. That could be relevant evidence that you didn't intend to make a gift - because you can't really make a knowing gift if you weren't aware of the potential consequences.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Customer reply replied 12 months ago
Thank you, ***** ***** real reason was I didn’t completely understand the difference among alternative ways to hold title. But, I’m sure that judges hear that explanation all the time and “ignorance of the law is no defense.” So, I’ll give that answer, but continue with more. Please comment on this draft statement that I plan to submit:Intention of the Parties in Placing the Property in Joint TenancyUpon purchase of the Nevada property on March 4, 2005, I had little understanding of the difference among optional ways of holding title to real property. My first property acquisition was the Oregon real estate that was traded in a like-kind 1031 Exchange into the Nevada property. That Oregon property was purchased before the marriage and titled as my separate property. My second property acquisition was in New Jersey on ___________. Since my wife had never worked during the marriage and made no contribution to that purchase, she quit-claimed any interest to me and the property was then titled in my separate ownership. Prior to titling the Nevada property, I conferred with Reno attorney Sue Trimmer regarding alternative forms of ownership. (See record of conversation dated 3/05.)Ms. Trimmer explained joint tenancy, tenants in common, and trust ownership. Since I had neither a will nor trust, only joint tenancy would allow title to pass automatically to a survivor without probate. Secondly, the survivor would get a step-up in basis. Both of these features were appealing. There was no discussion of the ramification of divorce or disposal of the property.Because separate funds were used to purchase the property, it was deeded to me as my sole and separate property. (See Doc(###) ###-#### Grant, Bargain, Sale Deed dated March 4, 2005.) At the same time, my wife conveyed by deed “all right, title and interest” in the property to me as “sole and separate property.” (See Doc(###) ###-#### Grant, Bargain, Sale Deed dated March 4, 2005.) In order to allow the property to pass efficiently on my death, I then deeded it to joint ownership with right of survivorship. (See Doc(###) ###-#### Grant, Bargain, Sale Deed dated March 4, 2005.)I had no intention to make a gift nor to create community property. Similarly, by executing a deed conveying all her interest to me, my wife made it explicit that she had no expectation of a gift. My reason for titling the property jointly was only to allow it to pass simply and efficiently in case of my death.I ask that the Court reimburse my contribution of separate property in the amount of $________, in accordance with NRS 125.150.
Customer reply replied 12 months ago
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Customer reply replied 12 months ago
Thank you, ***** ***** real reason was I didn’t completely understand the differences among alternative ways to hold title. But, I’m sure that judges hear that explanation all the time and “ignorance of the law is no defense.” So, I’ll give that answer, but continue with more. Please comment on this draft statement that I plan to submit. If it is more convenient for you to copy my statement into a Microsoft Word document and edit it (using Track Changes) that’s fine by me.Intention of the Parties in Placing the Property in Joint TenancyUpon purchase of the Nevada property on March 4, 2005, I had little understanding of the difference among optional ways of holding title to real property. My first property acquisition was the Oregon real estate that was traded in a like-kind 1031 Exchange into the Nevada property. That Oregon property was purchased before the marriage and titled as my separate property. My second property acquisition was in New Jersey on ___________. Since my wife had never worked during the marriage and made no contribution to that purchase, she quit-claimed any interest to me and the property was then titled in my separate ownership. Prior to titling the Nevada property, I conferred with Reno attorney Sue Trimmer regarding alternative forms of ownership. (See record of conversation dated 3/05.)Ms. Trimmer explained joint tenancy, tenants in common, and trust ownership. Since I had neither a will nor trust, only joint tenancy would allow title to pass automatically to a survivor without probate. Secondly, the survivor would get a step-up in basis. Both of these features were appealing. There was no discussion of the ramification of divorce or disposal of the property.Because separate funds were used to purchase the property, it was deeded to me as my sole and separate property. (See Doc(###) ###-#### Grant, Bargain, Sale Deed dated March 4, 2005.) At the same time, my wife conveyed by deed “all right, title and interest” in the property to me as “sole and separate property.” (See Doc(###) ###-#### Grant, Bargain, Sale Deed dated March 4, 2005.) In order to allow the property to pass efficiently on my death, I then deeded it to joint ownership with right of survivorship. (See Doc(###) ###-#### Grant, Bargain, Sale Deed dated March 4, 2005.)I had no intention to make a gift nor to create community property. Similarly, by executing a deed conveying all her interest to me, my wife made it explicit that she had no expectation of a gift. My reason for titling the property jointly was only to allow it to pass simply and efficiently in case of my death.[I’ll address the other two criteria, then finish with the following.]I ask that the Court reimburse my contribution of separate property in the amount of $________, in accordance with NRS 125.150.

I apologize for the delay. You replied after I had signed off for the night. You should be aware, though, that when a customer replies multiple times in a row, a system glitch can prevent experts from getting notified. It's best to just leave one response, and the expert will reply as soon as they can.

Reviewing documents is a premium service, which carries an additional fee. In the future, please be sure you include this type of request in your question, because experts need a full picture of what they're being asked to do before deciding whether they are willing and able to get involved with a question for the price offered.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30,761
Experience: Attorney with experience in family law.
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Category: Family Law
Satisfied Customers: 30,761
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Experience: Attorney with experience in family law.

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