Key Takeaways
- Nevada is a community property state - property acquired during marriage is presumed jointly owned
- Separate property includes property owned before marriage, gifts, and inheritances
- Nevada recognizes various forms of co-ownership: tenancy in common, joint tenancy, and community property
- Joint tenancy requires four unities: time, title, interest, and possession
- Nevada uses both warranty deeds and quitclaim deeds for property transfers
Last updated: January 2026
Nevada Property Rights and Ownership
Nevada is one of nine community property states in the United States, which significantly affects how property is owned and transferred.
Community Property
Definition
Community property is property acquired by either spouse during marriage through their efforts or earnings.
What is Community Property?
| Community Property | Examples |
|---|---|
| Wages and income | Salaries earned during marriage |
| Property purchased | Real estate bought with marital funds |
| Business income | Profits from businesses started during marriage |
| Investments | Returns on community property investments |
What is Separate Property?
| Separate Property | Examples |
|---|---|
| Pre-marital property | Property owned before marriage |
| Gifts | Property received as a gift to one spouse |
| Inheritances | Property inherited by one spouse |
| Property from separate funds | Purchased with separate property funds |
Signatures Required
| Property Type | Signatures Needed |
|---|---|
| Community property | BOTH spouses must sign |
| Separate property | Only owning spouse |
Important: When listing or selling community property, both spouses must sign the listing agreement and deed, even if only one name appears on title.
Forms of Co-Ownership
Tenancy in Common
| Feature | Description |
|---|---|
| Ownership interest | Can be equal or unequal |
| Survivorship | NO right of survivorship |
| Transfer | Each owner can sell, will, or transfer their share |
| Default | Assumed if no other form specified |
Joint Tenancy
| Feature | Description |
|---|---|
| Ownership interest | Must be equal |
| Survivorship | YES - automatic right of survivorship |
| Transfer | Selling severs joint tenancy |
| Requirements | Four unities required |
Four Unities of Joint Tenancy
| Unity | Meaning |
|---|---|
| Time | All owners acquired interest at same time |
| Title | All owners acquired title by same deed |
| Interest | All owners have equal shares |
| Possession | All owners have right to possess entire property |
Exam Tip: Remember "TTIP" - Time, Title, Interest, Possession.
Community Property with Right of Survivorship
Nevada allows married couples to hold property as community property with right of survivorship:
| Feature | Description |
|---|---|
| Ownership | Equal ownership by both spouses |
| Survivorship | Property passes to surviving spouse |
| Probate | Avoids probate on death of first spouse |
| Tax benefits | May retain stepped-up basis |
Deeds in Nevada
Types of Deeds
| Deed Type | Warranties |
|---|---|
| General Warranty Deed | Greatest protection; warrants against all defects |
| Special Warranty Deed | Warrants only against defects during grantor's ownership |
| Bargain and Sale Deed | Implies ownership but no warranties |
| Quitclaim Deed | NO warranties; transfers only what grantor owns |
Deed Requirements
For a valid deed in Nevada:
| Requirement | Description |
|---|---|
| In writing | Required by Statute of Frauds |
| Grantor identified | Person transferring property |
| Grantee identified | Person receiving property |
| Legal description | Adequate property identification |
| Granting clause | Words of conveyance |
| Grantor signature | Must be signed |
| Delivery and acceptance | Must be delivered and accepted |
| Notarization | Required for recording |
Recording
| Aspect | Requirement |
|---|---|
| Where | County Recorder's Office |
| Why | Provides constructive notice |
| Priority | First to record generally has priority |
| Fee | Recording fees apply |
Homestead Exemption
Nevada provides homestead protection:
| Feature | Details |
|---|---|
| Automatic | Protection applies automatically to principal residence |
| Amount | $605,000 (as of 2024, adjusted periodically) |
| Purpose | Protects home equity from most creditors |
| Exceptions | Does not protect against mortgage, taxes, mechanics liens |
Water Rights
Nevada is a prior appropriation state for water rights:
| Concept | Description |
|---|---|
| Prior appropriation | "First in time, first in right" |
| Beneficial use | Water must be put to beneficial use |
| Permit required | State Engineer permits required |
| Transfer | Water rights can be sold separately from land |
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Test Your Knowledge
Nevada is what type of property state?
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Test Your Knowledge
What are the four unities required for joint tenancy?
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Test Your Knowledge
When selling community property in Nevada, who must sign the deed?
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D