We divorced on paper and continued to live together in our joint tenancy right of survivorship titled home. No mortgage - one party paid off the house by a substantial amount while the other party pays all the bills from utilities to property tax. Because we are not married anymore and will be going our separate ways soon, is the title in any way null and void because we were married when we signed it 16 years ago? Can one party be forced to sell if the other doesn’t want to? Live in Las Vegas Nevada.
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Because we are not married anymore and will be going our separate ways soon, is the title in any way null and void because we were married when we signed it 16 years ago? Can one party be forced to sell if the other doesn’t want to?
Unless the divorce decree and separation agreement say otherwise, the joint tenancy with right of survivorship remains in force. A divorce does not terminate this right of survivorship by operation of law in Nevada.
If the divorce decree and separation agreement do not address this issue, either party may bring a partition action to force the sale of the property by the sheriff in a foreclosure type sale with the proceeds split between the parties. But, an amicable resolution would be much better. A partition sale would cause both parties to incur substantial legal costs and would destroy much of the value of the property due to the nature of the sale.
Why this wasn't dealt with in the divorce proceeding is baffling. Clearly both parties involved acted incompetently.
answered Mar 14, 2018 at 17:47
