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, meaning that property acquired during marriage is generally considered community property and is divided equally in divorce, unless there’s a compelling reason otherwise. Both spouses typically have equal rights to property during the marriage. For community property, both spouses must sign a deed to transfer ownership. However, each spouse can transfer their separate property without the other's consent.
In practice, title insurance companies prefer both signatures to avoid disputes over whether property is separate or community. A Grant, Bargain, Sale Deed may still be subject to claims from others, as it does not guarantee the property is free from liens or claims.
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.