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We need not, and do not decide, whether, under Nevada law,
an oral agreement between spouses to keep their respective
property separate is effective against respondent. That is
because, regardless how that issue is resolved under Nevada law,
we nonetheless find on the record before us that petitioner has
not established by clear and convincing evidence, as required by
that law, Pryor v. Pryor, 103 Nev. at 150, 734 P.2d at 719, that
during the years at issue she and Mr. Hardy did, in fact, have an
oral agreement to keep their respective property separate.15 In
this regard, we find it significant that the record contains no
evidence relating to the specific terms of the alleged oral
agreement between petitioner and Mr. Hardy. It is also sig-
nificant that: (1) Mr. Hardy testified at a deposition in the
15 Petitioner attempted to show that during the years at issue
she and Mr. Hardy had an oral agreement to keep their respective
property separate through her own testimony and the testimony of
the following witnesses: (1) Her husband, Mr. Hardy, (2) her
daughter, Lorena Chessmore, (3) her cousin, Oscar Johnny, and
(4) Mr. Hardy's son, Ray Donald Hardy. We conclude that peti-
tioner's attempt failed. We did not find the testimony of either
petitioner or Mr. Hardy to be credible. Indeed, their respective
testimony at the trial in this case was inconsistent in certain
material respects with their respective testimony at depositions
taken in connection with a Federal tax proceeding in the U.S.
District Court for the District of Nevada (District Court pro-
ceeding). We found the testimony of petitioner's daughter and
cousin and Mr. Hardy's son to be at times general, vague, and
conclusory, and we did not find their testimony particularly
helpful to petitioner's position that Mr. Hardy and she had an
oral agreement during the years at issue to keep their respective
property separate. Indeed, none of them testified that petition-
er and Mr. Hardy had such an agreement during those (or any
other) years.
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