What is Community Waste?

When community property is lost, expended or destroyed through the intentional misconduct of one spouse,” this may be considered marital misconduct and if “compelling,” may be a reason for the family court to make an unequal disposition of community property.” Examples of such conduct may include unauthorized gifts, gambling losses and intentional or negligent destruction of community property. Once an allegation of waste has been made in a divorce case and there is evidence of a missing or damaged asset, the spouse accused of wasting the asset has the burden of proving what happened to the community property or how its loss was legitimate.

Vegas West
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