Nevada law, for title research

Is Nevada a community property state? Yes: the statutes, and why both spouses sign for community real estate

Every rule below is quoted from the Nevada Revised Statutes, chapters 111, 123 and 125 or another official source, linked and checked on the date shown. General information, not legal advice.

What counts as community property in Nevada?

Property acquired after marriage, with listed exceptions. NRS 123.220 makes all property acquired after marriage by either spouse or both community property, other than separate property under NRS 123.130, unless a written agreement between the spouses, a decree of separate maintenance, NRS 123.190 (earnings a spouse authorized the other to keep) or a decree or agreement under NRS 123.259 provides otherwise. NRS 123.225 makes each spouse's interest in it during the marriage present, existing and equal.

Separate property, under NRS 123.130, is property a spouse owned before the marriage, and property acquired afterwards by gift, bequest, devise, descent or an award for personal injury damages, with the rents, issues and profits from it. Nevada also lets a married person put separate property on the record: NRS 123.140 allows an acknowledged inventory of separate property, other than money, to be recorded with the county recorder, and NRS 123.150 makes that recording notice of the person's title, with separate rules for real property in another county. The inventory also matters by its absence: under NRS 123.160(1), failing to record one is prima facie evidence, as against good faith buyers for value from the other spouse, that the unlisted property is not separate. NRS 123.300 says a marriage contract or settlement is not valid as to real property, except between the parties, until deposited for record in that county.

Do both spouses have to sign to sell Nevada real estate?

For community real property, yes. NRS 123.230(3) says neither spouse may sell, convey or encumber it unless both join in executing the deed or other instrument, and both must acknowledge it. Subsection (4) applies the same rule to buying: neither spouse may purchase or contract to purchase such property unless both join. A spouse may instead give the other complete power to sell, convey or encumber it by written power of attorney. NRS 123.230(6) covers business assets, including real property: where both spouses manage the business, neither may act without the other, and where only one does, that spouse may sell or encumber them in the ordinary course of business without consent.

Separate property differs: NRS 123.170 lets a spouse convey or encumber it without the other's consent. But NRS 115.040(1) makes a mortgage or alienation to secure a loan on homestead property invalid without both spouses' acknowledged signatures. For a title search, the record to read is who signed and acknowledged each key deed and deed of trust, along with any power of attorney. The current text of NRS 123.230 was amended over time, so older instruments in a chain are for a Nevada attorney to weigh.

How do Nevada spouses hold title with survivorship?

Generally by saying so. NRS 111.064(2) says a right of survivorship does not arise when community property is vested in a married couple unless the instrument expressly declares that they take it as community property with a right of survivorship. A declared homestead is the statutory exception: under NRS 115.060(1), homestead on community property is deemed held as community property with a right of survivorship and vests absolutely in the survivor, unless an enforceable premarital agreement says otherwise. That right is extinguished whenever either spouse, during the marriage, transfers that spouse's interest, and NRS 111.781 addresses divorce, as described below. Spouses can also hold as joint tenants: NRS 111.065(1) allows a married couple holding community title to convey to themselves as joint tenants when the transfer expressly declares a joint tenancy.

The vesting words matter at death. NRS 123.250 divides the couple's community holdings between the survivor and the decedent's will, but subsection 2 says that rule does not apply to community property with right of survivorship.

Is Nevada a 50/50 divorce state?

To the extent practicable, and subject to NRS 125.155, NRS 125.165 and any enforceable premarital agreement. NRS 125.150(1)(b) directs the court, in granting a divorce, to make an equal disposition of the community property, except that it may make an unequal disposition in proportions it deems just if it finds a compelling reason and sets forth the reasons in writing. Subsection 2 has the court dispose of property held in joint tenancy the same way, subject to its own exceptions, including reimbursement of separate property contributions. NRS 125.150(3) allows a later motion over community property omitted from the decree through fraud or mistake.

Divorce also reaches survivorship title. Unless a governing instrument, court order or contract says otherwise, NRS 111.781(1)(b) severs former spouses' survivorship interests into equal tenancies in common, and NRS 111.781(2) protects a good faith buyer relying on apparent survivorship title unless a writing declaring the severance is recorded. A divorce decree that disposes of real property is a record a title search reports when it finds one.

What happens to Nevada community property when a spouse dies?

Half belongs to the survivor outright. NRS 123.250(1) makes an undivided one-half interest in the community property the surviving spouse's sole separate property. The other half is subject to the decedent's will, or goes to the surviving spouse in the absence of such a disposition, and it is the only portion subject to administration in probate. NRS 123.230(1) adds that neither spouse may leave more than half of it by will.

When the deed declared community property with right of survivorship, NRS 123.250(2) takes the property outside that split. Separate property follows the intestate rules when no will disposes of it: NRS 134.040 gives the spouse one-half with one child and one-third with more, and NRS 134.050 addresses a spouse with no issue. A title search after a death reports the vesting deed and any probate record it finds.

What a title search checks on a married Nevada owner

A title check before buying reads the chain of title: the vesting words on each key deed, who signed and acknowledged each key deed and deed of trust, with images, and any recorded inventory of separate property, power of attorney, divorce decree or probate order it finds. Whether a spouse or former spouse still holds an interest is a legal conclusion for a Nevada attorney; the report shows the record it turns on.

The Nevada community property rules on this page, with their sources

Sources: IRS Publication 555, Community Property; NRS chapter 123, section 123.220; NRS chapter 123, section 123.130; NRS chapter 123, sections 123.140 and 123.150; NRS chapter 123, section 123.225; NRS chapter 123, section 123.230; NRS chapter 123, section 123.250; NRS chapter 111, section 111.064; NRS chapter 111, section 111.065; NRS chapter 125, section 125.150; NRS chapter 115; NRS chapter 111; NRS chapter 123. Each row links the section it summarizes.

Questions people ask

More on how Nevada property law shapes a title search: title research in Nevada.