Nevada
Nevada Quitclaim Deed: Requirements, Recording and Transfer Tax
Independently fact-checked against primary sources (last audited October 10, 2026). · 32 primary sources cited on this page. How we verify our legal content

A Nevada quitclaim deed is a deed that carries none of the title covenants Nevada attaches to the words "grant, bargain and sell" (NRS 111.170). Nevada law names the quitclaim deed among the deeds a county recorder records (NRS 111.312) but does not give it a statutory form. Like any Nevada deed, it must be signed by the person conveying the interest, acknowledged or proved, and recorded (NRS 111.105), and it is recorded with the recorder of the county where the property is located (NRS 111.315). For other states, see our guide to quitclaim deed rules by state.
Information last verified on 2026-10-09. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Nevada law on quitclaim deeds: the conveyance, acknowledgment and recording provisions of NRS chapter 111, the county recorder provisions of NRS chapter 247, the community property joinder rule in NRS 123.230, the real property transfer tax and declaration of value in NRS chapter 375, the residential tax abatement in NRS 361.4723, and the deed upon death (NRS 111.655 to 111.699), with federal mortgage and gift-tax points where they affect a family transfer. It does not cover title insurance, a lender's own underwriting rules, county fees, ordinances or programs beyond those named, or other states' laws.
What a quitclaim deed does in Nevada
Nevada's statutes do not define a quitclaim deed or give a form for one. NRS chapter 111 contains one statutory deed form, the deed upon death in NRS 111.695. The quitclaim deed appears by name in NRS 111.312, which lists it with the grant, bargain and sale deed, the warranty deed and the trustee's deed upon sale as deeds the recorder may record only if they carry the required address information.
General Nevada conveyancing law governs the quitclaim. NRS 111.105 provides: "Conveyances of lands, or of any estate or interest therein, may be made by deed, signed by the person from whom the estate or interest is intended to pass, being of lawful age, or by the person’s lawful agent or attorney, and acknowledged or proved, and recorded, as directed in this chapter."
What a quitclaim lacks is the warranty. NRS 111.170 attaches statutory covenants only to a conveyance that uses the words "grant, bargain and sell," so a quitclaim, which does not use them, carries none of those promises about the title. For how the deed types compare, see quitclaim vs. warranty deeds.
People in Nevada use a quitclaim to add or remove a spouse, give a home to a child, move a home into a trust, or clear up title after a divorce. The state publishes the declaration of value form that goes with every deed but no quitclaim form. Your county recorder can explain local recording requirements, though recorders cannot give legal advice, and a lawyer licensed in Nevada can prepare the deed.
Nevada quitclaim deed requirements
| Requirement | What the law says | Source |
|---|---|---|
| Signature | Signed by the person from whom the interest passes, of lawful age, or that person's lawful agent or attorney | NRS 111.105 |
| Acknowledgment | Acknowledged or proved and certified under chapter 111 and NRS 240.161 to 240.169 | NRS 111.240 |
| Witnesses | None for an acknowledged deed; subscribing witnesses appear only in the proof route | NRS 111.105, 111.115 to 111.150 |
| Grantee address | The recorder will not record a conveyance without the grantee's mailing address | NRS 111.312 |
| Tax statement address | For any deed, the name and address of the person to receive the property tax statement | NRS 111.312 |
| Parcel number | Assessor's parcel number at the top left corner of page one, where one is assigned | NRS 111.312 |
| Metes and bounds | The name and mailing address of the person who prepared the description | NRS 111.312 |
| Format | Statewide paper, margin and type standards | NRS 247.110 |
| Declaration of value | Required with every deed transferring title | NRS 375.060 |
| Personal information | No Social Security number or other personal information; the recorder may require a signed affirmation and refuse a deed without one | NRS 239B.030 |
Acknowledgment
NRS 111.240 states: "Every conveyance in writing whereby any real property is conveyed or may be affected must be acknowledged or proved and certified in the manner provided in this chapter and in NRS 240.161 to 240.169, inclusive." In Nevada, an acknowledgment may be taken by a judge or a clerk of a court having a seal, a notary public, or a justice of the peace (NRS 111.265). NRS 240.166 gives a short-form certificate for an individual stating that the instrument was acknowledged before the officer on a date by the named person.
Witnesses
Nevada does not require witnesses on a deed that is acknowledged. NRS 111.105 asks for a deed that is "signed" and "acknowledged or proved." Witnesses appear in chapter 111 only in the alternative route of proving a deed through a subscribing witness when the grantor does not acknowledge it (NRS 111.115 to 111.150).
Addresses, parcel number and legal description
NRS 111.312 bars the recorder from recording a conveyance that lacks the grantee's mailing address and, for any deed, "the name and address of the person to whom a statement of the taxes assessed on the real property is to be mailed." The assessor's parcel number goes in the top left corner of the first page where one has been assigned, but "the assessor's parcel number shall not be deemed to be a complete legal description of the real property conveyed."
If the deed describes the land by metes and bounds, NRS 111.312 also requires "the name and mailing address of the person who prepared the legal description," unless the deed refers to an earlier recording of the same description.
Do not put a Social Security number or other personal information on the deed (NRS 239B.030(1)). A county recorder may require an affirmation that the document contains no personal information and may refuse a document without it (NRS 239B.030(6)); check your recorder's cover-sheet or affirmation requirement.
Format standards
NRS 247.110(3) sets the statewide format: white 20-pound paper, 8 1/2 by 11 inches; one-inch margins on the left, right and bottom of each page; a blank space of 3 inches by 3 inches at the upper right corner of the first page and a one-inch top margin on later pages; printing on one side only, not bound, with nothing physically attached; no colored highlighting and no stamp over text or a signature; and black text no smaller than 10-point Times New Roman, with no more than nine lines per vertical inch.
The recorder has discretion to accept a document that does not conform (NRS 247.110(5)). Signers' names should be typed or printed beneath their signatures, although leaving them off does not invalidate the document (NRS 247.190(2)).
The recorder can refuse a suspicious deed
Under NRS 247.145, "a county recorder may deny a request to record a document if, within 2 judicial days after presentation of the document, the recorder determines that the document is unauthorized, falsified or otherwise may not be lawfully recorded." The denial notice must give the reasons and explain the right to ask a court for review.
Does a spouse have to sign a Nevada quitclaim deed?
For community property, yes. Nevada is a community property state, and NRS 123.230 provides: "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." The same section bars either spouse from giving away community property without the other's express or implied consent.

A spouse who is on title must sign to convey their own interest. Nevada's homestead statute adds a narrower rule: NRS 115.040(1) requires both spouses' acknowledged signatures for a mortgage or alienation of a homestead made to secure a loan. If the deed is part of a divorce, see our guide to Nevada divorce laws.
Recording a quitclaim deed with the county recorder
Record the deed "in the office of the recorder of the county in which the real property is situated" (NRS 111.315). Once recorded, it becomes part of the county's land records; see our guide to Nevada property records for how to search them.

What recording does
Nevada's recording act protects a later good-faith buyer who records first. Under NRS 111.325, an unrecorded conveyance "shall be void as against any subsequent purchaser, in good faith and for a valuable consideration, of the same real property, or any portion thereof, where his or her own conveyance shall be first duly recorded."
Recording is not what makes the deed work between the parties: under NRS 111.315 a conveyance is "valid and binding between the parties thereto without such record." Once recorded, the deed gives notice to all persons from the time it is filed (NRS 111.320). Recording is how the grantee protects the new ownership against a later buyer.
Recording fees
NRS 247.305 sets the base fee: "county recorders shall charge and collect the following fees: (a) For recording a document" $25. That fee is per document, not per page. NRS 247.305(3) adds a mandatory $7 fee, NRS 247.305(2) lets the recorder add up to $5 more for its technology account, and NRS 247.305(4) lets the county commission add up to $6 more by ordinance; where another statute sets a specific fee, that fee applies instead (NRS 247.305(1)).
There is no fee for recording the declaration of value (NRS 375.060(3)). Check your county recorder's fee schedule before you record.
E-recording
Electronic recording is a county choice. NRS 247.115 provides: "A county recorder may elect to accept electronic documents for recording in accordance with the provisions of NRS 111.366 to 111.3697, inclusive." Your county recorder's page says whether it accepts electronic submissions.
Is there a transfer tax on a Nevada quitclaim deed?
Often, yes. Nevada's real property transfer tax under NRS chapter 375 applies to any deed that conveys title, whatever it is called, including a quitclaim or gift deed, when the consideration or value is more than $100. The county recorder collects it before accepting the deed. Under NRS 375.030, "the buyer and seller are jointly and severally liable for the payment of the taxes imposed by NRS 375.020, 375.023 and 375.026," and the parties may agree between themselves who pays.
For a gift, or a deed with nominal or no stated consideration, the tax is figured on "the estimated fair market value of the property" (NRS 375.010). Saying the deed is a gift does not by itself avoid the tax.
Transfer tax rates
The tax is built from these layers, each stated per $500 of value or fraction of $500:
| Layer | Rate per $500 of value | Source |
|---|---|---|
| Base tax, county of 700,000 or more | $1.25 | NRS 375.020 |
| Base tax, county under 700,000 | 65 cents | NRS 375.020 |
| Additional statewide tax | $1.30 | NRS 375.023 |
| Optional county tax, counties under 700,000 | Up to 5 cents, if the county commission imposes it; no county has levied it, per the Nevada Department of Taxation | NRS 375.026 |
| Optional county tax under the Local Government Tax Act of 1991 | Up to 10 cents, by county ordinance (levied in Washoe and Churchill counties) | Nevada Department of Taxation |
NRS 375.026 provides that "the board of county commissioners of a county whose population is less than 700,000 may impose a tax at the rate of up to 5 cents for each $500 of value, or fraction thereof." Chapter 375 does not provide for a city transfer tax. The Nevada Department of Taxation reports total rates ranging from $1.95 to $2.55 per $500 of value; Washoe County's rate is $2.05 per $500. Ask the county recorder for the total rate in your county.
Exemptions that fit common quitclaim situations
NRS 375.090 lists the transfers that are exempt. Those that most often fit a quitclaim include:
| Situation | Exemption | Source |
|---|---|---|
| Parent and child or other first-degree relatives | "A transfer, assignment or other conveyance of real property if the owner of the property is related to the person to whom it is conveyed within the first degree of lineal consanguinity or affinity" | NRS 375.090(5) |
| Divorce | "A transfer of title between former spouses in compliance with a decree of divorce" | NRS 375.090(6) |
| Removing a co-owner | "A transfer of title without consideration from one joint tenant or tenant in common to one or more remaining joint tenants or tenants in common" | NRS 375.090(4) |
| Trust | "A transfer of title to or from a trust without consideration if a certificate of trust is presented at the time of transfer" | NRS 375.090(7) |
| Correcting title | A transfer that recognizes the true status of ownership | NRS 375.090(3) |
| Own entity | A transfer to an entity 100 percent owned by the person conveying | NRS 375.090(9) |
| Deed upon death | A deed upon death with a recorded Death of Grantor Affidavit | NRS 375.090(10) |
NRS 375.090 does not list a transfer between current spouses as its own exemption; its spouse item covers former spouses under a divorce decree. Before recording a deed between spouses, ask the county recorder which exemption, if any, it accepts for that transfer.
Declaration of value
NRS 375.060 states: "Each deed evidencing a transfer of title of real property or land sale installment contract that is presented for recordation to the county recorder must be accompanied by a declaration of value made on a form prescribed by the Nevada Tax Commission." The state form, LGS-F049, asks for the parcel number, property type, total value, transfer tax value, tax due, any exemption claimed "per NRS 375.090, Section" with an explanation, the percentage of any partial interest, and the signatures and information of the grantor and grantee. A copy is posted by Eureka County.
If a claimed exemption is disallowed or more tax turns out to be due, "the county recorder shall impose a penalty of 10 percent of the additional amount due in addition to interest at the rate of 1 percent per month" when the amount is not paid within 30 days (NRS 375.030). A willfully false declaration of value is a misdemeanor (NRS 375.110).
Property tax after a Nevada quitclaim deed
The declaration of value also carries a property tax claim. NRS 375.060 requires the Nevada Tax Commission to include in the form "a section in which the property owner may claim a partial abatement from taxation provided pursuant to NRS 361.4723 or 361.4724."
Under NRS 361.4723, "the owner of a single-family residence which is the primary residence of the owner is entitled to a partial abatement of the ad valorem taxes levied in a county on that property each fiscal year." If the grantee will live in the home, the abatement section of the declaration of value is where that claim is made.
Mortgages and quitclaim deeds
Nevada's conveyance statutes govern the deed, not the loan, so this section rests on federal regulations. A deed does not remove anyone from a mortgage; only the lender can release a borrower. Under 12 CFR 191.5(b)(4), if the lender and the new owner agree in writing, before the transfer, that the new owner will be obligated on the loan, then on that agreement "a lender shall release the existing borrower from all obligations under the loan instruments."
Federal law limits when a lender can call a home loan due because of a transfer. Under 12 U.S.C. 1701j-3(d), for a loan secured by residential property with fewer than five dwelling units, a lender may not use a due-on-sale clause for certain transfers, including a transfer where the borrower's spouse or children become an owner and a transfer on the death of a joint tenant or tenant by the entirety. The federal regulation, 12 CFR 191.5(b), applies these limits to a loan on a home occupied or to be occupied by the borrower, and covers:
- a transfer where the spouse or children become an owner, or a transfer from a divorce decree, legal separation agreement or property settlement by which the spouse becomes an owner, where the person taking title occupies or will occupy the property (12 CFR 191.5(b)(1)(v));
- a transfer into a living (inter vivos) trust in which the borrower is and remains the beneficiary and occupant, unless the borrower refuses to give the lender reasonable means of notice of later transfers (12 CFR 191.5(b)(1)(vi)).
These limits are conditional, and a lender keeps the right to enforce the clause if a later event disqualifies the transfer (12 CFR 191.5(b)(5)). Transfers outside the listed categories, such as to a sibling or friend, are not covered. Talk to the lender before signing. Federal servicing rules also recognize a "successor in interest," such as a spouse or child who receives an ownership interest from a borrower (12 CFR 1024.31).
Federal gift tax on a quitclaim to a family member
Giving property away by quitclaim can be a gift for federal tax purposes. The IRS says the gift tax "applies to the transfer by gift of any type of property." For 2026, "the annual exclusion for gifts remains at $19,000" per recipient. The IRS lists gifts to your spouse among gifts that are not taxable and says the donor is generally responsible for paying any gift tax. If your spouse is not a U.S. citizen, the IRS limits tax-free gifts to that spouse to an annual exclusion of $194,000 for 2026.
The IRS also says the recipient's basis in gifted property is generally the same as the donor's basis. Ask a tax professional before deeding a home as a gift; this page does not give tax advice.
Deed fraud protections in Nevada
Some Nevada county recorders offer alerts when a document is recorded. The Washoe County Recorder's Recording Notification Service sends an email when a document is recorded under a name or parcel the subscriber chooses, and the county cautions: "There is no guarantee that using this service will inform you of all documents recorded that may pertain to your property." These services run county by county, so check your own recorder's page.
Nevada recorders can also stop a forged deed at the counter. Besides the denial power in NRS 247.145 described above, a person whose document is denied "shall not resubmit the document for recordation unless the document has been modified in such a manner that it may be lawfully recorded or the person has obtained a court order," and resubmitting an unmodified denied document is a misdemeanor.
The FBI's Internet Crime Complaint Center has warned about impersonators using fictitious deeds to sell vacant land, and advises owners to check whether their county recording office offers a service that sends an email or text when a document is recorded in their name (IC3 PSA I-061626-PSA).
The deed upon death alternative
If the goal is to pass a home to a child at death rather than now, Nevada authorizes a deed upon death (NRS 111.655 to 111.699). It is revocable and conveys the property on the owner's death, and NRS 111.695 gives the statutory form. Timing is strict: "A deed upon death is valid only if executed and recorded as provided by law in the office of the county recorder of the county where the property is located before the death of the owner or the death of the last surviving owner" (NRS 111.681).
After the owner dies, the beneficiary records a Death of Grantor Affidavit with the death certificate and a declaration of value (NRS 111.699), and the transfer is exempt from the transfer tax (NRS 375.090(10)). Unlike a quitclaim to a child, it does not give up present ownership. For what happens when an owner dies without one, see our guide to Nevada probate.
If the new owner wants the grantor to stand behind the title, a quitclaim is the wrong tool; a deed using "grant, bargain and sell" carries the covenants in NRS 111.170.
Common myths about Nevada quitclaim deeds
- "The deed is not valid until it is recorded." An unrecorded conveyance is "valid and binding between the parties thereto without such record" (NRS 111.315). It is void only against a later good-faith buyer for value who records first (NRS 111.325), which is why the grantee should record it.
- "A gift deed owes no transfer tax." A gift is taxed on the property's estimated fair market value (NRS 375.010) unless an NRS 375.090 exemption applies, such as a transfer to a first-degree relative, a trust transfer without consideration with a certificate of trust, or a divorce-decree transfer.
- "Only the spouse on title needs to sign." For community real property, both spouses must join in the deed and both must acknowledge it (NRS 123.230).
- "A quitclaim takes me off the mortgage." No. Only the lender can release a borrower (12 CFR 191.5(b)(4)).
Related
- Quitclaim deed rules by state
- Nevada property records
- Quitclaim vs. warranty deeds
- Nevada divorce laws
- Nevada probate
This article provides general legal information about Nevada law on quitclaim deeds, verified on 2026-10-09. It is not legal or tax advice. For your situation, contact your county recorder (who cannot give legal advice), a legal aid office, or a lawyer licensed in Nevada.
Last updated: 2026-10-09.
Frequently Asked Questions
How do I file a quitclaim deed in Nevada?
The grantor signs the deed and acknowledges it before a notary or other officer (NRS 111.105, 111.240), with the grantee's mailing address, the tax-statement name and address, and the parcel number (NRS 111.312). Record it with the county recorder of the county where the property is located, together with a declaration of value (NRS 375.060), and pay the recording fee and any transfer tax.
Does a quitclaim deed need to be notarized in Nevada?
Every conveyance of real property must be acknowledged or proved and certified (NRS 111.240), and a notary public is one of the officers who may take the acknowledgment (NRS 111.265). Nevada requires no witnesses on an acknowledged deed.
How much does it cost to record a quitclaim deed in Nevada?
NRS 247.305 sets a $25 fee for recording a document, plus a mandatory $7 fee and county-optional fees of up to $5 and up to $6. Recording the declaration of value is free (NRS 375.060), and transfer tax is separate.
Do you pay transfer tax on a quitclaim deed in Nevada?
Yes, unless an exemption applies: the real property transfer tax reaches any deed conveying title when the consideration or value exceeds $100, and a gift is taxed on its estimated fair market value (NRS 375.010, 375.020). Exemptions in NRS 375.090 include transfers to first-degree relatives, between former spouses under a divorce decree, among co-owners without consideration, and to or from a trust without consideration with a certificate of trust.
Is a quitclaim deed between spouses exempt from transfer tax in Nevada?
NRS 375.090 does not list a transfer between current spouses as its own exemption; its spouse item, NRS 375.090(6), covers former spouses under a divorce decree. Ask the county recorder which exemption, if any, it applies before you record.
Does my spouse have to sign a quitclaim deed in Nevada?
If the property is community real property, yes: both spouses must join in the deed and both must acknowledge it (NRS 123.230). A spouse on title must sign to convey their own interest.
Does a quitclaim deed remove me from the mortgage?
No. Nevada's conveyance statutes govern the deed, not the loan; under 12 CFR 191.5(b)(4), a lender releases a borrower only when the lender and the new owner agree in writing, before the transfer, that the new owner is obligated on the loan.
Is a quitclaim deed valid in Nevada if it is not recorded?
Between the parties, yes: NRS 111.315 makes an unrecorded conveyance valid and binding between them. It is void against a later good-faith buyer for value whose own conveyance is recorded first (NRS 111.325).
Does Nevada allow a transfer on death deed?
Yes. Nevada calls it a deed upon death (NRS 111.655 to 111.699), and it is valid only if executed and recorded in the county where the property is located before the owner dies (NRS 111.681).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Nevada Revised Statutes, Chapter 111: ESTATES IN PROPERTY; CONVEYANCING AND RECORDING
§ 111.105Conveyances by deed.In force
Conveyances of lands, or of any estate or interest therein, may be made by deed, signed by the person from whom the estate or interest is intended to pass, being of lawful age, or by the person’s lawful agent or attorney, and acknowledged or proved, and recorded, as directed in this chapter.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
§ 111.240Acknowledgment of conveyances.In force
Every conveyance in writing whereby any real property is conveyed or may be affected must be acknowledged or proved and certified in the manner provided in this chapter and in NRS 240.161 to 240.169, inclusive.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
§ 111.325Unrecorded conveyances void as against subsequent bona fide purchaser for value when conveyance recorded.In force
Every conveyance of real property within this State hereafter made, which shall not be recorded as provided in this chapter, shall be void as against any subsequent purchaser, in good faith and for a valuable consideration, of the same real property, or any portion thereof, where his or her own conveyance shall be first duly recorded.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
§ 111.312Requirements for recording certain documents relating to real property.In force
1. The county recorder shall not record with respect to real property, a notice of completion, a declaration of homestead, a restrictive covenant modification form, a restrictive covenant modification document, a lien or notice of lien, an affidavit of death, a mortgage or deed of trust, any conveyance of real property or instrument in writing setting forth an agreement to convey real property or a notice pursuant to NRS 111.3655 unless the document being recorded contains: (a) The mailing address of the grantee or, if there is no grantee, the mailing address of the person who is requesting the recording of the document; and (b) Except as otherwise provided in subsection 2, the assessor’s parcel number of the property at the top left corner of the first page of the document, if the county assessor has assigned a parcel number to the property. The parcel number must comply with the current system for numbering parcels used by the county assessor’s office. The county recorder is not required to verify that the assessor’s parcel number is correct.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
§ 111.681Execution and recordation.In force
A deed upon death is valid only if executed and recorded as provided by law in the office of the county recorder of the county where the property is located before the death of the owner or the death of the last surviving owner.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
Nevada Revised Statutes, Chapter 375: TAXES ON TRANSFERS OF REAL PROPERTY
§ 375.090Exemptions.In force
The taxes imposed by NRS 375.020, 375.023 and 375.026 do not apply to: 1. Except as otherwise provided in this subsection, a mere change in identity, form or place of organization, such as a transfer between a business entity and its parent, its subsidiary or an affiliated business entity if the affiliated business entity has identical common ownership. The taxes imposed by NRS 375.020, 375.023 and 375.026 apply to a transfer described in this subsection if the business entity to which the real property is transferred was formed for the purpose of avoiding those taxes. 2. A transfer of title to the United States, any territory or state or any agency, department, instrumentality or political subdivision thereof. 3. A transfer of title recognizing the true status of ownership of the real property, including, without limitation, a transfer by an instrument in writing pursuant to the terms of a land sale installment contract previously recorded and upon which the taxes imposed by this chapter have been paid. 4. A transfer of title without consideration from one joint tenant or tenant in common to one or more remaining joint tenants or tenants in common.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
§ 375.020Imposition and rate of tax.In force
1. A tax, at the rate of: (a) In a county whose population is 700,000 or more, $1.25; and (b) In a county whose population is less than 700,000, 65 cents, Ê for each $500 of value or fraction thereof, is hereby imposed on each deed by which any lands, tenements or other realty is granted, assigned, transferred or otherwise conveyed to, or vested in, another person, or land sale installment contract, if the consideration or value of the interest or property conveyed exceeds $100. 2. The amount of tax must be computed on the basis of the value of the transferred real property as declared pursuant to NRS 375.060.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
Nevada Revised Statutes, Chapter 123: RIGHTS OF MARRIED COUPLES
§ 123.230Control of community property.In force
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 or her 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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
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Sources and References
- NRS 111.105, Conveyances by deed(leg.state.nv.us).gov
- NRS 111.240, Acknowledgment or proof of conveyances(leg.state.nv.us).gov
- NRS 111.315, Recording of conveyances; valid between parties(leg.state.nv.us).gov
- NRS 111.312, Recording requirements (grantee and tax-statement addresses, parcel number)(leg.state.nv.us).gov
- NRS 123.230, Community property: both spouses must join(leg.state.nv.us).gov
- NRS 375.020, Real property transfer tax rate(leg.state.nv.us).gov
- NRS 375.090, Transfer tax exemptions(leg.state.nv.us).gov
- NRS 111.325, Unrecorded conveyance void against subsequent purchaser(leg.state.nv.us).gov
- NRS 247.110, Document format standards(leg.state.nv.us).gov
- NRS 375.060, Declaration of value(leg.state.nv.us).gov
- NRS 247.145, Recorder may deny recording(leg.state.nv.us).gov
- NRS 247.305, County recorder fees(leg.state.nv.us).gov
- NRS 247.115, Electronic recording(leg.state.nv.us).gov
- NRS 375.030, Liability for transfer tax; penalties(leg.state.nv.us).gov
- NRS 375.026, Optional county transfer tax(leg.state.nv.us).gov
- NRS 375.010, Definitions (value)(leg.state.nv.us).gov
- State of Nevada Declaration of Value Form LGS-F049 (Eureka County copy)(eurekacountynv.gov).gov
- NRS 361.4723, Partial abatement for primary residence(leg.state.nv.us).gov
- 12 CFR 191.5, Limitation on exercise of due-on-sale clauses(ecfr.gov).gov
- 12 U.S.C. 1701j-3, Preemption of due-on-sale prohibitions(govinfo.gov).gov
- 12 CFR 1024.31, Definitions (successor in interest)(ecfr.gov).gov
- IRS, Gift Tax(irs.gov).gov
- IRS, Tax inflation adjustments for tax year 2026(irs.gov).gov
- IRS, Frequently Asked Questions on Gift Taxes(irs.gov).gov
- Washoe County Recorder, Recording Notification Service(washoecounty.gov).gov
- FBI Internet Crime Complaint Center, PSA I-061626-PSA(ic3.gov).gov
- NRS 111.681, Deed upon death: validity requires recording before death(leg.state.nv.us).gov
- NRS 111.695, Deed upon death form(leg.state.nv.us).gov
- Nevada Department of Taxation, Real Property Transfer Tax Quarterly Report, Q3 FY 2025-2026(tax.nv.gov).gov
- Washoe County Recorder, Real Property Transfer Tax(washoecounty.gov).gov
- NRS 239B.030, Personal information on recorded documents(leg.state.nv.us).gov
- IRS, Frequently asked questions on gift taxes for nonresidents not citizens of the United States(irs.gov).gov