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king.keiona · Aug 17, 2011, 04:24 AM

I live in Las Vegas Nevada. I have been married for 1 year and 6 months. I have kids that aren't biologically his. The apartment is in his name. Just to get me out he says he will lie and get a retraining order against me and they will make me leave. Is that true?will they grant the order and make me move out? Do I not have any rights to stay just because the apartment is in his name?

GV70 · Aug 17, 2011, 07:36 AM

Originally Posted by king.keiona

Do I not have any rights to stay just because the apartment is in his name?

Does he want divorce? If yes, it will depend on whether the apartment is marital or separate /non-marital /property.
NRS 125.150 Alimony and adjudication of property rights; award of attorney’s fee; subsequent modification by court.

2. Except as otherwise provided in this subsection, in granting a divorce, the court shall dispose of any property held in joint tenancy in the manner set forth in subsection 1 for the disposition of community property. If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may provide for the reimbursement of that party for his or her contribution. The amount of reimbursement must not exceed the amount of the contribution of separate property that can be traced to the acquisition or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value of the property held in joint tenancy. The amount of reimbursement must not exceed the value, at the time of the disposition, of the property held in joint tenancy for which the contribution of separate property was made. In determining whether to provide for the reimbursement, in whole or in part, of a party who has contributed separate property, the court shall consider:

(a) The intention of the parties in placing the property in joint tenancy;

(b) The length of the marriage; and

(c) Any other factor which the court deems relevant in making a just and equitable disposition of that property.

Fr_Chuck · Aug 17, 2011, 09:18 AM

Can he lie and get a restraining order, normally no, he can lie but often without other proof they will not give it.
Can he fake something, scratch his own face and call police and say you did it, yea, guess he could.

So it looks like time to file for divorce and get a good attorney.