Ways To Take Title In Nevada

Ways To Take Title In Nevada

Community Property

  • Requires a valid marriage between two persons.
  • Each spouse holds one-half interest in the estate.
  • Title is in the “community”. Each interest is separate but management is unified.
  • Equal right of possession
  • Both co-owners must join on the conveyance of real property. Separate interests cannot be conveyed.
  • The purchaser can only acquire the whole title of community, but cannot acquire a part of it.
  • On co-owners death, ½ belongs to the survivor in severalty, ½ goes by will to descendant’s devisees or by succession to the survivor.
  • Co-owner’s interest cannot be seized & sold separately. The whole property may be sold at an execution sale to satisfy creditors.

Joint Tenancy With Right Of Survivorship

  • Any number of persons (can be husband and wife)
  • Each joint tenant holds an equal and undivided interest in the estate, unity of interest.
  • There is only one title to the whole property
  • Equal right of possession
  • Conveyance by one co-owner without the others breaks the joint tenancy, provided its recorded prior to death.
  • Purchaser will become a tenant in common with the other co-owners in the property.
  • On co-owner’s death, his interest ends and cannot be disposed of by will. Survivorship owns the property by rights of survivorship.
  • Co-owner’s interest may be sold at an execution sale.

Community Property With Right Of Survivorship

  • Requires a valid marriage between two persons.
  • Each spouse holds a one-half interest in the estate.
  • Title is in the “community”. Each interest is separate but management is unified.
  • Equal right of possession
  • Both co-owners must join on the conveyance of real property. Separate interests cannot be conveyed.
  • The purchaser can only acquire the whole title of community, but cannot acquire a part of it
  • On co-owner’s death, his interest ends and cannot be disposed of by will. Estate passes to survivor outside of probate.
  • Co-owner’s interest cannot be seized & sold separately. The whole property may be sold at an execution sale to satisfy creditors.

Tenancy In Common

  • Parties need not be married; may be more than two tenants in common.
  • Each tenant in common holds an undivided fractional interest in the estate. Can be disproportionate, e.g.,20% and 80%; 60% and 40%; 20%, 20%, 20% and 40%; etc.
  • Each co-owner has a separate legal title to his undivided interest.
  • Equal right to possession
    Each co-owner’s interest may be conveyed separately by its owner.
  • Purchaser will become a tenant in common with the other co-owners in the property
  • On co-owner’s death, his interest passes by will to his devisees of heir. No right of survivorship. Subject to court approval.
  • Co-owner’s interest may be sold at an execution sale to satisfy creditor. Creditor becomes a tenant in common.

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