Question asked on Oct 27th, 2014
Q: Since the nevada commercial property is bought from his inheritance recently he states his attorneys advised he doesn’t need a quick claim Deed or signature from me. Is this true? He dedicates majority of his labor now to upgrading the property. And all his accounts are separated we have 1 joint account for our residence and associated expenses. He has commingled minor times.
A: Well, it seems obvious that husband has received legal advice, but I think it might be deficient or faulty. Yes, the “rents, profits and issues” of separate property are separate property — BUT, the investment of community time, effort, and energy into a separate property business creates a community property interest compensible to the spouse under the Pereira or Van Camp tests. See explanation and posted resources at:
https://www.willicklawgroup.com/property-rights-and-division/
These matters are extremely fact-specific. To analyze your specific circumstances, options, risks, and benefits, you really should consult with a family law specialist, either this firm or some other.
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