US Legal Forms
Legal Resources
Questions & Answers
Husband and Wife
What are our rights over community property in Nevada?

What are our rights over community property in Nevada?

Q: Can my wife take my house if I bought it before marriage in Nevada?

No, in Nevada, if you bought a house before marriage, it is typically considered your separate property. Your wife cannot take ownership of it unless there are specific circumstances that change its status, such as significant improvements made during the marriage or agreements that affect ownership.

Q: Can my wife take the house if it's not in her name?

In Nevada, if the house is solely in your name and was purchased before marriage, your wife generally cannot claim it as community property. However, if the house has been used as a family home or if community funds were used for its maintenance or improvement, there could be claims regarding its value or equity.

Full question:

I live with my wife in Nevada. After our marriage, we acquired a community property. We would like to know the rights we have over the community property?

Category: Husband and Wife
Subcategory: Community Property
Date: 04/07/2025
State: Nevada

Answer:

In Nevada, both spouses have rights to manage and control community property as per Nevada Revised Statutes Annotated § 123.230. Here are the key points:

Each spouse can give the other a written power of attorney to manage community property.
Neither spouse can leave more than half of the community property to someone else in a will.
Neither spouse can give away community property without the other's consent.
Both spouses must sign to sell, convey, or encumber community real property.
Both spouses must join in purchasing community real property.
For community household goods, both must sign to create a security interest or sell them.
For businesses where both spouses are involved, both must agree on significant transactions. If only one spouse manages the business, they can act without the other’s consent in the ordinary course of business.

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.

FAQs

What happens to property owned before marriage in Nevada?

In Nevada, property owned by one spouse before marriage is generally considered separate property. This means it remains with the original owner unless it is commingled with community property or there are agreements that change its status. If separate property increases in value during the marriage, the increase may be considered community property, depending on the circumstances.

What is the downside of community property with right of survivorship?

One downside of community property with right of survivorship in Nevada is that, upon the death of one spouse, the surviving spouse automatically inherits the deceased spouse's share without going through probate. However, this arrangement may limit the deceased spouse's ability to leave their share to someone else, and it can complicate estate planning if there are children from previous relationships.

What is the community property law in Nevada?

Nevada's community property law dictates that any property acquired during marriage is owned equally by both spouses. This includes income, real estate, and personal property. Each spouse has equal rights to manage and control community property, and both must agree on significant transactions involving it, as outlined in Nevada Revised Statutes Annotated § 123.230.

Can my wife claim my house that I owned before we were married?

Generally, in Nevada, a spouse cannot claim a house owned by the other spouse before marriage as community property. That property is considered separate unless it has been significantly improved or commingled with community assets. However, if the property has increased in value during the marriage, the increase may be subject to community property rules.