USA Statutes : nevada
Title : Title 11 - DOMESTIC RELATIONS
Chapter : CHAPTER 123 - RIGHTS OF HUSBAND AND WIFE
1. The property rights of husband and wife are governed by this
chapter, unless there is:
(a) A premarital agreement which is enforceable pursuant to chapter
123A of NRS; or
(b) A marriage contract or settlement,
Ê containing stipulations contrary thereto.
2. Chapter 76, Statutes of Nevada 1865, is repealed, but no rights
vested or proceedings taken before March 10, 1873, shall be affected by
anything contained in this chapter of NRS.
[26:119:1873; B § 176; BH § 524; C § 535; RL § 2180; NCL § 3380] +
[35:119:1873; B § 185; BH § 533; C § 544; RL § 2189; NCL § 3389]—(NRS A
1989, 1004)
No estate is allowed
the husband as tenant by curtesy upon the death of his wife, nor is any
estate in dower allotted to the wife upon the death of her husband.
[7:119:1873; B § 157; BH § 505; C § 516; RL § 2161; NCL § 3361]
A husband and
wife may hold real or personal property as joint tenants, tenants in
common, or as community property.
[8:119:1873; B § 158; BH § 506; C § 517; RL § 2162; NCL §
3362]—(NRS A 1959, 408)
Neither the separate property of a spouse nor his share
of the community property is liable for the debts of the other spouse
contracted before the marriage.
[17 1/2:119:1873; added 1933, 118; 1931 NCL § 3371.01]—(NRS A 1975,
558)
Except as
mentioned in NRS 123.070 , neither
husband nor wife has any interest in the property of the other.
[18:119:1873; B § 168; BH § 516; C § 527; RL § 2172; NCL § 3372]
Either husband
or wife may enter into any contract, engagement or transaction with the
other, or with any other person respecting property, which either might
enter into if unmarried, subject in any contract, engagement or
transaction between themselves, to the general rules which control the
actions of persons occupying relations of confidence and trust toward
each other.
[19:119:1873; B § 169; BH § 517; C § 528; RL § 2173; NCL § 3373]
1. A husband and wife cannot by any contract with each other alter
their legal relations except as to property, and except that they may
agree to an immediate separation and may make provision for the support
of either of them and of their children during such separation.
2. The mutual consent of the parties is a sufficient consideration
for such an agreement as is mentioned in subsection 1.
3. In the event that a suit for divorce is pending or immediately
contemplated by one of the spouses against the other, the validity of
such agreement shall not be affected by a provision therein that the
agreement is made for the purpose of removing the subject matter thereof
from the field of litigation, and that in the event of a divorce being
granted to either party, the agreement shall become effective and not
otherwise.
4. If a contract executed by a husband and wife, or a copy
thereof, be introduced in evidence as an exhibit in any divorce action,
and the court shall by decree or judgment ratify or adopt or approve the
contract by reference thereto, the decree or judgment shall have the same
force and effect and legal consequences as though the contract were
copied into the decree, or attached thereto.
[20:119:1873; A 1935, 194; 1953, 235] + [21:119:1873; B § 171; BH §
519; C § 530; RL § 2175; NCL § 3375]
If the husband neglects to make adequate
provision for the support of his wife, any other person may in good faith
supply her with articles necessary for her support, and recover the
reasonable value thereof from the husband. The separate property of the
husband is liable for the cost of such necessities if the community
property of the spouses is not sufficient to satisfy such debt.
[22:119:1873; B § 172; BH § 520; C § 531; RL § 2176; NCL §
3376]—(NRS A 1975, 558)
A husband or wife abandoned by his spouse is not liable for the
support of the abandoning spouse until such spouse offers to return
unless the misconduct of the husband or wife justified the abandonment.
[23:119:1873; B § 173; BH § 521; C § 532; RL § 2177; NCL §
3377]—(NRS A 1975, 558)
The wife must support
the husband out of her separate property when he has no separate property
and they have no community property and he, from infirmity, is not able
or competent to support himself.
[24:119:1873; B § 174; BH § 522; C § 533; RL § 2178; NCL § 3378]
When a husband and wife sue jointly, any damages awarded shall be
segregated as follows:
1. If the action is for personal injuries, damages assessed for:
(a) Personal injuries and pain and suffering, to the injured spouse
as his separate property.
(b) Loss of comfort and society, to the spouse who suffers such
loss.
(c) Loss of services and hospital and medical expenses, to the
spouses as community property.
2. If the action is for injury to property, damages shall be
awarded according to the character of the injured property. Damages to
separate property shall be awarded to the spouse owning such property,
and damages to community property shall be awarded to the spouses as
community property.
(Added to NRS by 1975, 558)
SEPARATE PROPERTY
1. All property of the wife owned by her before marriage, and that
acquired by her afterwards by gift, bequest, devise, descent or by an
award for personal injury damages, with the rents, issues and profits
thereof, is her separate property.
2. All property of the husband owned by him before marriage, and
that acquired by him afterwards by gift, bequest, devise, descent or by
an award for personal injury damages, with the rents, issues and profits
thereof, is his separate property.
[1:119:1873; B § 151; BH § 499; C § 510; RL § 2155; NCL §
3355]—(NRS A 1975, 558)
1. A full and complete inventory of the separate property of a
married person, exclusive of money, may be made out and signed by such
person, acknowledged or proved in the manner required for the
acknowledgment or proof of a conveyance of real property, and may be
recorded, if such person is a resident of this State, in the office of
the recorder of the county in which such person resides. If any real
property lying in another county is included in a recorded inventory,
then the inventory shall be also recorded in the office of the recorder
of such other county.
2. If the married person is not a resident of this state, a
recorded inventory shall be recorded in the office of the recorder of
each county where any portion of the property, real or personal, is
situated, located or used.
3. From time to time thereafter, a further and supplemental
inventory may be made out, signed, acknowledged or proved, and recorded
in like manner, of all other separate property afterward acquired by such
married person, excepting money, and the rents, issues and profits of
such person’s separate property, included in the original or any
subsequent inventory, if the same be in money.
[3:119:1873; B § 153; BH § 501; C § 512; RL § 2157; NCL §
3357]—(NRS A 1959, 9; 1975, 559)
1. If a married person is a resident of this state, the recording
of the inventory of the person’s separate property in the office of the
recorder of the county in which the person resides is notice of the
person’s title to the separate property, except as to any real property
situate in another county, and as to that real property, the recording of
the inventory thereof in the office of the recorder of the county where
the same is situate, is notice of the person’s title thereto.
2. If a married person is not a resident of this state, the
recording of the inventory of the person’s separate property in the
office of the recorder of the county where any portion of the property,
real or personal, included in the inventory is situate, located or used,
is notice of the person’s title as to all that property situate, located
or used in that county.
[4:119:1873; B § 154; BH § 502; C § 513; RL § 2158; NCL §
3358]—(NRS A 1975, 559; 2001, 1755 ; 2003, 75 )
1. When a married person is a resident of this state, the failure
to file for record an inventory of such person’s separate property in the
office of the recorder of the county of residence, or the omission from
the inventory, filed for record in such office, of any part of such
property, except as to real property situate in another county, is prima
facie evidence, as between such married person and purchasers in good
faith and for a valuable consideration from the other spouse, that the
property of which no inventory has been so filed, or which has been
omitted from the inventory, is not the separate property of such person.
As to any real property situate in another county, the failure to file
for record an inventory thereof in the office of the recorder of the
county where the same is situate, or the omission from the inventory,
filed for record in such office, of any part of such real property, is
prima facie evidence, as between the married person and such purchasers
as aforesaid, that such real property of which no inventory has been so
filed, or which has been omitted from the inventory, is not such person’s
separate property.
2. When a married person is not a resident of this state, the
failure to file for record an inventory of such person’s separate
property in the office of the recorder of the county where any portion of
such property is situate, located or used, or the omission from the
inventory, filed in such office, of any part of such property, is, as to
all such property situate, located or used in that county, of which no
inventory has been so filed, or which has been omitted from the
inventory, prima facie evidence, as between the married person and such
purchasers as aforesaid, that the same is not such person’s separate
property.
3. The provisions of NRS 123.140 , 123.150 and
this section do not preclude the introduction of other evidence to show
the separate or community character of the property of the spouses.
[5:119:1873; B § 155; BH § 503; C § 514; RL § 2159; NCL §
3359]—(NRS A 1975, 559)
Either
spouse may, without the consent of the other spouse, convey, charge,
encumber or otherwise in any manner dispose of his separate property.
[9:119:1873; B § 159; BH § 507; C § 518; RL § 2163; NCL §
3363]—(NRS A 1975, 560)
1. Any property acquired by a child by gift, bequest, devise or
descent, with the rents, issues and profits thereof, is his own property,
and neither parent is entitled to any interest therein.
2. The earnings and accumulations of earnings of a minor child are
the community property of his parents unless relinquished to the child.
Such relinquishment may be shown by written instrument, proof of a
specific oral gift, or proof of a course of conduct.
3. When a husband and wife are living separate and apart the
earnings and accumulations of earnings of their minor children, unless
relinquished, are the separate property of the spouse who has their
custody or, if no custody award has been made, then the separate property
of the spouse with whom such children are living.
[14:119:1873; B § 164; BH § 512; C § 523; RL § 2168; NCL §
3368]—(NRS A 1975, 560)
1. When the husband has given written authority to the wife to
appropriate to her own use her earnings, the same, with the issues and
profits thereof, is deemed a gift from him to her, and is, with such
issues and profits, her separate property.
2. When the wife has given written authority to the husband to
appropriate to his own use his earnings, the same, with the issues and
profits thereof, is deemed a gift from her to him, and is, with such
issues and profits, his separate property.
[15:119:1873; B § 165; BH § 513; C § 524; RL § 2169; NCL §
3369]—(NRS A 1973, 1036)
COMMUNITY PROPERTY
All property, other than
that stated in NRS 123.130 , acquired
after marriage by either husband or wife, or both, is community property
unless otherwise provided by:
1. An agreement in writing between the spouses, which is effective
only as between them.
2. A decree of separate maintenance issued by a court of competent
jurisdiction.
3. NRS 123.190 .
4. A decree issued or agreement in writing entered pursuant to NRS
123.259 .
[2:119:1873; B § 152; BH § 500; C § 511; RL § 2156; NCL §
3356]—(NRS A 1975, 560; 1987, 1016; 1989, 380)
1. The respective interests of the husband and wife in community
property during continuance of the marriage relation are present,
existing and equal interests, subject to the provisions of NRS 123.230
.
2. The provisions of this section apply to all community property,
whether the community property was acquired before, on or after March 26,
1959.
(Added to NRS by 1959, 408; A 1997, 1596)
A spouse may, by
written power of attorney, give to the other the complete power to sell,
convey or encumber any property held as community property or either
spouse, acting alone, may manage and control community property, whether
the community property was acquired before, on or after July 1, 1975,
with the same power of disposition as the acting spouse has over his
separate property, except that:
1. Neither spouse may devise or bequeath more than one-half of the
community property.
2. Neither spouse may make a gift of community property without
the express or implied consent of the other.
3. Neither spouse may sell, convey or encumber the community real
property unless both join in the execution of the deed or other
instrument by which the real property is sold, conveyed or encumbered,
and the deed or other instrument must be acknowledged by both.
4. Neither spouse may purchase or contract to purchase community
real property unless both join in the transaction of purchase or in the
execution of the contract to purchase.
5. Neither spouse may create a security interest, other than a
purchase-money security interest as defined in NRS 104.9103 , in, or sell, community household goods,
furnishings or appliances unless both join in executing the security
agreement or contract of sale, if any.
6. Neither spouse may acquire, purchase, sell, convey or encumber
the assets, including real property and goodwill, of a business where
both spouses participate in its management without the consent of the
other. If only one spouse participates in management, he may, in the
ordinary course of business, acquire, purchase, sell, convey or encumber
the assets, including real property and goodwill, of the business without
the consent of the nonparticipating spouse.
[6:119:1873; A 1897, 24; 1917, 121; 1919 RL § 2160; NCL §
3360]—(NRS A 1973, 1037; 1975, 560; 1977, 271; 1997, 1596; 1999, 391
)
Notwithstanding the
provisions of NRS 123.220 and 123.230
, whenever payment or refund is made to
an employee, former employee, or his beneficiary or estate pursuant to a
written retirement, death or other employee benefit plan or savings plan,
such payment or refund shall fully discharge the employer and any trustee
or insurance company making such payment or refund from all adverse
claims thereto, unless, before such payment or refund is made, the
employer or former employer, where the payment is made by the employer or
former employer, has received at its principal place of business within
this state written notice by or on behalf of some other person that such
other person claims to be entitled to such payment or refund or some part
thereof or where a trustee or insurance company is making the payment,
such notice has been received by the trustee or insurance company at its
home office, but nothing contained in this section shall affect any claim
or right to any such payment or refund or part thereof as between all
persons other than the employee and the trustee or insurance company
making such payment or refund.
[6.5:119:1873; added 1953, 337]
1. Except as otherwise provided in subsection 2, upon the death of
either husband or wife:
(a) An undivided one-half interest in the community property is the
property of the surviving spouse and his or her sole separate property.
(b) The remaining interest:
(1) Is subject to the testamentary disposition of the
decedent or, in the absence of such a testamentary disposition, goes to
the surviving spouse; and
(2) Is the only portion subject to administration under the
provisions of title 12 of NRS.
2. The provisions of this section:
(a) Do not apply to the extent that they are inconsistent with the
provisions of chapter 41B of NRS.
(b) Do not apply to community property with right of survivorship.
(c) Apply to all other community property, whether the community
property was acquired before, on or after July 1, 1975.
3. As used in this section, “community property with right of
survivorship” means community property in which a right of survivorship
exists pursuant to NRS 111.064 or
115.060 or any other provision of law.
[1:198:1937; 1931 NCL § 3395.01]—(NRS A 1957, 359; 1959, 408; 1975,
561; 1981, 779; 1997, 1597; 1999, 1355 )
1. Except as otherwise provided in subsection 2, a court of
competent jurisdiction may, upon a proper petition filed by a spouse or
the guardian of a spouse, enter a decree dividing the income and
resources of a husband and wife pursuant to this section if one spouse is
an institutionalized spouse and the other spouse is a community spouse.
2. The court shall not enter such a decree if the division is
contrary to a premarital agreement between the spouses which is
enforceable pursuant to chapter 123A of NRS.
3. Unless modified pursuant to subsection 4 or 5, the court may
divide the income and resources:
(a) Equally between the spouses; or
(b) By protecting income for the community spouse through
application of the maximum federal minimum monthly maintenance needs
allowance set forth in 42 U.S.C. § 1396r-5(d)(3)(c) and by permitting a
transfer of resources to the community spouse an amount which does not
exceed the amount set forth in 42 U.S.C. § 1396r-5(f)(2)(A)(ii).
4. If either spouse establishes that the community spouse needs
income greater than that otherwise provided under paragraph (b) of
subsection 3, upon finding exceptional circumstances resulting in
significant financial duress and setting forth in writing the reasons for
that finding, the court may enter an order for support against the
institutionalized spouse for the support of the community spouse in an
amount adequate to provide such additional income as is necessary.
5. If either spouse establishes that a transfer of resources to
the community spouse pursuant to paragraph (b) of subsection 3, in
relation to the amount of income generated by such a transfer, is
inadequate to raise the income of the community spouse to the amount
allowed under paragraph (b) of subsection 3 or an order for support
issued pursuant to subsection 4, the court may substitute an amount of
resources adequate to provide income to fund the amount so allowed or to
fund the order for support.
6. A copy of a petition for relief under subsection 4 or 5 and any
court order issued pursuant to such a petition must be served on the
Administrator of the Division of Welfare and Supportive Services of the
Department of Health and Human Services when any application for medical
assistance is made by or on behalf of an institutionalized spouse. He may
intervene no later than 45 days after receipt by the Division of Welfare
and Supportive Services of the Department of Health and Human Services of
an application for medical assistance and a copy of the petition and any
order entered pursuant to subsection 4 or 5, and may move to modify the
order.
7. A person may enter into a written agreement with his spouse
dividing their community income, assets and obligations into equal shares
of separate income, assets and obligations of the spouses. Such an
agreement is effective only if one spouse is an institutionalized spouse
and the other spouse is a community spouse or a division of the income or
resources would allow one spouse to qualify for services under NRS
427A.250 to 427A.280 , inclusive.
8. An agreement entered into or decree entered pursuant to this
section may not be binding on the Division of Welfare and Supportive
Services of the Department of Health and Human Services in making
determinations under the State Plan for Medicaid.
9. As used in this section, “community spouse” and
“institutionalized spouse” have the meanings respectively ascribed to
them in 42 U.S.C. § 1396r-5(h).
(Added to NRS by 1987, 1016; A 1989, 380, 1005; 1993, 2412; 1997,
1248)
MARRIAGE CONTRACTS OR SETTLEMENTS
All marriage contracts or settlements must be in writing,
and executed and acknowledged or proved in like manner as a conveyance of
land is required to be executed and acknowledged or proved.
[27:119:1873; B § 177; BH § 525; C § 536; RL § 2181; NCL § 3381]
When such marriage contract or settlement is acknowledged or proved, it
must be recorded in the office of the recorder of every county in which
any real property may be situated which is conveyed or affected by such
contract.
[28:119:1873; B § 178; BH § 526; C § 537; RL § 2182; NCL § 3382]
When such
marriage contract or settlement is deposited in the recorder’s office for
record, it shall, as to all property affected thereby in the county where
the same is deposited, impart full notice to all persons of the contents
thereof.
[29:119:1873; B § 179; BH § 527; C § 538; RL § 2183; NCL § 3383]
No
such marriage contract or settlement shall be valid as to any real
property, or affect the same, except as between the parties thereto,
until it shall be deposited for record with the recorder of the county in
which such real property is situate.
[30:119:1873; B § 180; BH § 528; C § 539; RL § 2184; NCL § 3384]
NRS 123.310 Minors may make marriage contracts or settlements. A
minor capable of contracting marriage may make a valid marriage contract
or settlement.
[31:119:1873; B § 181; BH § 529; C § 540; RL § 2185; NCL § 3385]
