nani67 said:
I bought a house in HI in '95. I was married in '98 (in HI) and now filing for divorce in NV in 2000. My spouse put no money into my home but says that he is entitled to half of whatever equity is in my home. Is this true? Is he entitled to half the equity in my auto too? He says that he is. Thank You
My response:
While you and your husband can obtain a divorce in Nevada, the Nevada courts do not have jurisdiction to divide property located in another State. After the divorce, the property issues can be transfered to a Hawaii court for further orders.
Hawaii has community property laws. In a divorce, the Court must divide and distribute marital assets aquired or paid for from the date of marriage. Assets belonging to one spouse before the marriage, remains the property of that spouse; but the increased assets, along with the liabilities, of that property realized after the marriage are, in fact, divided between the spouses.
There is no fixed rule and the Family Court has wide discretion to divide property as the Court deems just and equitable. Marriage is a partnership and partnership principles guide and limit the range of the Family Court's choices in dividing assets. The division of marital assets is extremely complex, and it is wise to consult an attorney.
IAAL
