If my name is on the lease with my domestic partner, is it illegal for them to change the locks on me and have my things packed?: My partner lured me out to lunch on his break from work where he dropped that bomb on me leaving me stranded with nothing and nowhere to go. Lost my home, my future, my job, my income and my eventually a bit of my sanity as I was hospitalized for 4 days when this happened. I was homeless and suffered for almost an entire year. There was never any violence or anything but I have no answers to this day and I’m mad as hell now.
David’s answer: I agree with Mr. Pickard. Your domestic partner should not have kicked you out that way that they did, and you most certainly need to file for divorce so that you are no longer denied your half of the community property that was taken from you. Depending on the facts of your case, you may be able to also get supposal support during the pendency of the case, and attorneys fees under Sargeant v. Sargeant. I also suggest that you contact an attorney to go over the facts of your case, so that you will know exactly what your best course of action is at this point.
Child custody jurisdiction questions. should I try to go thru Las Vegas courts since I believe they have jurisdiction : there is no custody order. I'm still married to my husband. almost two months ago I allowed him to take my daughter to California to spend some time with her as he moved out of Nevada to California (was only supposed to be for one month) and was supposed to move to Texas after that. during the first two weeks I filed for child support due to the fact that I would have my daughter when he moved to TX. plus I have had her the majority of the time since her birth. my husband doesn't think he should have to help me out with expenses so he was infuriated when I filed child support and is now withholding my daughter from me. I went to Cali to file for separation, he's been served already. (I only know where his work address, he wont tell me where he's staying or who's watching my daughter during the day) I tried getting an emergency custody order but the judge didn't think it was an emergency and was denied. I have new info from 2 people who have heard him say that he had plans to get my daughter and flee to Colombia (his native country, he's still in the process of lifting the conditions of his temp perm residence status, but didn't go to his last biometrics appt) I dont know what to do
David’s answer: I believe the answers that you seek are not practical on this public forum because it is fact intensive. For instance, you said that you tried to get an emergency custody order, presumably under the Uniform Child Custody and Jurisdiction Enforcement Act, but was that out of the child support court in California or has the opposing party filed for custody in California? Also, how long has the child lived in the State of Nevada? An attorney should review the documents that have been filed already, listen to your entire story, and review your financial ability, to be able to give you the correct advice on how to proceed.
Are my game show winnings considered a gift or earnings? Are they separate or community property in Nevada?: I am married and live in Nevada. I won a car and cash in a game show during my marriage. I am now getting a divorce in Las Vegas. My spouse claims that she gets half of my winnings because they are community property, but I disagree. I think they were a gift and my separate property. Who is correct?
David’s answer:
Mr. Aronson is correct.
NRS 123.130 Separate property of each spouse. All property of a spouse owned by him or her before marriage, and that was acquired by him or her afterwards by gift, bequest, devise, descent or by an award for personal injury damages, with the rents, issues and profits thereof, is his or her separate property.
NRS 123.220 Community property defined. All property, other than that stated in NRS 123.130, acquired after marriage by either spouse or both spouses, is community property unless otherwise provided by:
1. An agreement in writing between the spouses.
2. A decree of separate maintenance issued by a court of competent jurisdiction.
3. NRS 123.190.
4. A decree issued or agreement in writing entered pursuant to NRS 123.259.
Unfortunately, winning something is not a "gift" by the game show, and since your winnings were acquired during the course of the marriage, it is presumed to be community property in the state of Nevada unless you have an exception, as provided in NRS 123.220, that would make the property your separate property.