Full question:
When a Grantor executes a 'Grant, Bargain, Sale Deed' of real property to a spouse (Grantee) in Nevada and deny the Grantor of any subsequent community property interest in that property in a subsequent Nevada divorce between the two parties? Other words, does Nevada Community Property Law override or disregards such Grant, Bargain, Sale Deed?
- Category: Courts
- Subcategory: Legal Definitions
- Date:
- State: Nevada
Answer:
Nevada is a "community property" state in which the court will divide all property of the marriage equally, unless the court finds a compelling reason to not do so. The property laws look at property purchased during a marriage as community property and both husband and wife have an equal right to possess the property during their marriage.With community property, neither spouse may sell his or her own share. To transfer the property to someone else, both husband and wife must sign the deed.
Each spouse may transfer his or her separate property, and the other need not sign the deed. However, as a matter of practice, title insurance companies and others prefer the signature of both spouses to eliminate any question as to whether the property is actually separate property or community property.
It is possible for property transferred through a bargain and sale deed to be subject to claims of another, as such deeds don't contain guaranteees that the property has no liens or claims against it.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
