Questions Divorcing Homeowners Ask Us

Yes. Under Nevada law, property acquired during a marriage is generally presumed to be community property owned by both spouses, and courts are generally directed to divide community property equally unless there is a compelling reason not to. Whether your particular house is community or separate property depends on its history, so ask a family-law attorney to review it.

Often, yes, if both owners agree and nothing in the case prevents it. In Clark County, a joint preliminary injunction or other order may restrict selling community property while the divorce is pending without agreement or court approval. Your attorneys can confirm whether a sale needs a stipulation or permission first. We will work within whatever applies.

Possibly. Even if only one spouse is on title, the house may still be community property, and title companies frequently ask for the other spouse's signature or a written disclaimer to insure the sale. Your attorney and the title company can tell you what is required. We never ask anyone to sign around the other spouse.

Then we wait. We will not pressure either owner. If you cannot agree, the decision usually goes through mediation or the court, which may order a sale, award the house to one spouse, or set another arrangement. If a judge later orders a sale, we can make an offer that fits the order's terms.

In a buyout, one spouse keeps the house and pays the other for their share of the equity, usually by refinancing the mortgage into one name. In a direct sale, neither spouse keeps the house; we buy it and the net proceeds are divided under your agreement or order. A buyout depends on the keeping spouse qualifying for a new loan.

We keep offer terms identical and in writing for both owners. We do not pass along personal comments one spouse makes about the other, and we do not keep side deals. If one of you asks a question about the offer, we answer in writing to both of you, so neither person has information the other lacks.

We pay the purchase price into escrow. The escrow officer pays off the mortgage, liens and closing costs, then disburses or holds the remaining proceeds according to instructions signed by both owners or the terms of a court order. We have no say in how the net proceeds are divided between spouses.

In many cases, yes. Couples sometimes agree, or a court orders, that net proceeds be held in a trust or escrow account until property division is resolved. The escrow or title company and your attorneys can set that up in writing. We simply complete the purchase and the funds are handled under those instructions.

The existing loan is paid off from the sale price at closing, along with any home equity line and other recorded liens. That removes both spouses from the debt on that property. If the payoff is more than the house is worth, selling becomes more complicated, and you should discuss it with your lender and attorneys.

Usually it is possible, but missed payments add urgency. Contact your servicer early to understand where the loan stands, and tell your attorneys. If you choose to sell to us, the past-due amounts generally come out of the sale proceeds at closing. We cannot halt a foreclosure, and we cannot negotiate with your lender for you.

No. We buy houses as-is, so neither spouse has to repair, paint or deep clean anything. You can leave items you do not want, and the spouse living there does not need to prepare the home for showings. This tends to remove a common source of disagreement about who pays for what.

Because no listing agent is involved, no agent's percentage comes out of your sale to us. Normal closing costs, such as escrow and title charges, are part of any sale, and how they are allocated will be spelled out in the purchase agreement, giving both of you a chance to review it before signing. We never ask for money up front.

Yes, in most cases. Escrow and title companies commonly arrange mobile notaries or remote signing for an owner who has moved out of the house or out of state. Each owner signs separately, on their own schedule, and neither of you needs to be in the same room as the other at any point.

You agree on it together, and we work around it. Some couples want to close as soon as title clears to stop carrying two households. Others wait for a hearing date, a school term or a new lease. We cannot guarantee an exact number of days, since title work and your case schedule both play a part.

No. Questions about dividing property, taxes on a sale, or how a decree applies to the house belong with a family-law attorney, a mediator or a tax professional. The Family Law Self-Help Center at the Clark County family court can also point people without lawyers toward forms and resources. We focus only on buying the house.

This happens often. The decree or a later order usually explains what should happen to the home, such as a sale by a deadline or a buyout. If both former spouses are still on title, both typically sign the sale. We read the relevant terms with you and your attorneys and structure the purchase so it is consistent with them.