Protecting Your Separate Property When You Divorce


The end of a marriage is a confusing and emotional time. Nobody is at his or her best during this time and it is hard for spouses to trust each other’s decision-making and intentions. While it may seem inappropriate to think about money and property at this time, our experience tells us that there is actually no better time to act when it comes to your legal rights. In fact, if you have wealth or complex assets, it is critical that you act swiftly and decisively when it comes to protecting your own property interests when you divorce.

What’s Yours is Yours

Separate property is generally everything that you brought into a marriage, inherited during the marriage, or was gifted to you during the marriage. This means that if you owned real estate, business interests, investments, art, and retirement accounts the day before the day you got married, then it remains your property when you divorce. Exceptions to this are if you gifted the property to your spouse, had an agreement that converted your separate property into marital property, or to the extent that separate property was commingled with marital property.

The classification of separate property is a big part of property division battles because courts cannot touch separate property when it divides property between spouses, except for support purposes. You should therefore consult with a family lawyer at Viloria, Oliphant, Oster & Aman, L.L.P., to discuss your property rights, to create a complete inventory of your separate and marital property, to accurately classify your property, and to confidently protect your separate financial interests. Because of the negative consequences of improperly moving marital assets, you should consult with an experienced family lawyer on how to best proceed.

Obtain a Restraining order

When a divorce proceeding is filed, Nevada law authorizes courts to grant preliminary restraining orders regarding property or pecuniary interests if it appears probable that a spouse is going to take financial actions against the property interests of the other spouse. As identifying and classifying property is complex and takes time, such an order can protect you and your interests until your attorney can sort things out.

Contact Divorce Attorneys at Viloria, Oliphant, Oster & Aman L.L.P.

Viloria, Oliphant, Oster & Aman, L.L.P. is a law firm that offers a comprehensive array of legal services to individuals, such as family law representation. Our lawyers are intelligent, hard working, and respected. Let us use our practical experience and knowledge to guide you through your divorce toward your best outcome. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 to schedule a consultation or contact our office through our website.

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