BENAVIDEZ VS. BENAVIDEZ (DIVORCE PROPERTY & ALIMONY)

Statutes cited

Key holdings

Practitioner summary

This brief per curiam opinion affirms a divorce judgment's property distribution. The district court dissolved the marriage and distributed real and personal property acquired both during the marriage and earlier, while the parties were cohabiting and pooling their resources. The appeal challenged only the property distribution, contending the division was based on unequal and improper legal theories and was unsupported by the evidence. Reviewing the evidence and pleadings, the court found the contentions devoid of merit. The division was properly based on the guidelines specified in NRS 125.150, and, perceiving no abuse of discretion, the court affirmed. Jolley v. Jolley, 92 Nev. 298, 549 P.2d 1407 (1976), and cases cited therein.

In plain language

The district court granted this couple a divorce and divided various pieces of real and personal property. Some of that property had been acquired during the marriage, and some had been acquired earlier, while the couple was living together and pooling their resources before marrying. The appealing spouse challenged only the property distribution, arguing that the way the property was split was based on unequal and improper legal theories and was not supported by the evidence. The Nevada Supreme Court disagreed. After reviewing the evidence and the pleadings, it found the arguments to be without merit. The division of property was properly based on the guidelines set out in Nevada's divorce property statute, NRS 125.150, and the court saw no abuse of discretion in how the trial judge divided the property. The judgment was affirmed.