Pursuant to Nevada Revised Statutes 115, homestead laws, the equity in your home is protected in Nevada up to $550,000 from general creditor claims.  These claims can include such debts as unpaid medical bills, credit card debts, business and/or personal loans and most debts.  By simply recording a declaration of homestead with the county accessor in which you reside, you can protect your home from debts collectors.  Filing the homestead will protect your principal residence up to the statutory maximum. Investors are excluded. If the value of your home is $645,000 and you have a first mortgage of $485,000 plus a second mortgage of $10,000, the equity is $150,000.  Homestead law protects the equity in your home.

Homestead Form and Where to File

Perfecting a homestead and protecting your home from creditors is simple in the state of Nevada. All you need to do is to Complete the Homestead Declaration form. Make sure to print the form in black ink and print legibly or use the fillable link below to type the form and print.  If you use the form, do not let the text extend beyond the one-inch margins on all sides of the form.  You will need to sign the form in presence of a Notary Public and take the form the Clark County Recorder to have the document recorded.  You can go the Main Office located at 500 S. Grand Central Pkwy. 2nd Floor, Las Vegas or you can mail it along with appropriate fees and a return post paid envelope.   For mor information call the Recorder’s Office at 702-455-4336 or visit their website at www.clarkcountynv.gov/recorder.  Below is a copy of the form and a link to the fillable PDF. https://files.clarkcountynv.gov/clarknv/Assessor/STATISTICS/DeclarationOfHomesteadForm2010.pdf?t=1612316503275&t=1612316503275

DECLARATION OF HOMESTEAD FOR RECORDING

Assessor’s Parcel Number (APN): __________________________________________________________ or

Assessor’s Manufactured Home ID Number: __________________________________________________________

Recording Requested by and Mail to:

Name: ____________________________________________________

Address: __________________________________________________

City/State/Zip: _____________________________________________

Check One:    Married (filing jointly)  Married (filing individually)    Widowed    Single Person     Multiple Single Persons    Head of Family By Wife (filing jointly for benefit of both)       By Husband (filing jointly for benefit of both)     Other (describe): ________________________________________________________________________

Check One:

Regular     Home         Dwelling/Manufactured Home         Condominium Unit                            Other

Name on Title of Property: _________________________________________________________________________________________

do individually or severally certify and declare as follows:

_________________________________________________________________________________________

is/are now residing on the land, premises (or manufactured home) located in the city/town of

____________________________, county of ______________________________, State of Nevada, and more particularly described as follows: (set forth legal description and commonly known street address or manufactured home description) _________________________________________________________________________________________ _________________________________________________________________________________________

I/We claim the land and premises hereinabove described, together with the dwelling house thereon, and its appurtenances, or the described manufactured home as a Homestead.

In witness, Whereof, I/we have hereunto set my/our hands this ______ day of ______________, 20___ ________________________________________ ________________________________________

Signature Print or type name here                              Print Name Here

________________________________________ ________________________________________

Signature Print or type name here                               Print Name Here

 

STATE OF NEVADA, COUNTY OF _____________________    This instrument was acknowledged before me on ____________ (date)

By _________________________________________

Person appearing before notary.

 

_________________________________________                                                NOTARY SEAL

Person(s) appearing before notary.

___________________________________________

Signature of notarial officer Notary Seal

 

CONSULT AN ATTORNEY IF YOU DOUBT THIS FORM FITS YOUR PURPOSE. NOTE: Do not write in 1-inch margin. Revised Sept. 2019

What is not protected are debts secured by a mortgage, a deed of trust, payment of taxes, IRS lien, mechanic’s lien, child support or alimony payments and your association assessments: The statue listed below states that any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restrictions, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070 is not exempted by the homestead statute. The does has exclusions which include the mortgage on the property or contractual liens that exclude the homestead exemption.

  NRS 115.010  Exemption from sale on execution and from process of court; amount of exemption; exceptions; extension of exemption.

1.  The homestead is not subject to forced sale on execution or any final process from any court, except as otherwise provided by subsections 2, 3 and 5, and NRS 115.090 and except as otherwise required by federal law.

2.  The exemption provided in subsection 1 extends only to that amount of equity in the property held by the claimant which does not exceed $605,000 in value, unless allodial title has been established and not relinquished, in which case the exemption provided in subsection 1 extends to all equity in the dwelling, its appurtenances and the land on which it is located.

3.  Except as otherwise provided in subsection 4, the exemption provided in subsection 1 does not extend to process to enforce the payment of obligations contracted for the purchase of the property, or for improvements made thereon, including any mechanic’s lien lawfully obtained, or for legal taxes, or for:

(a) Any mortgage or deed of trust thereon executed and given, including, without limitation, any second or subsequent mortgage, mortgage obtained through refinancing, line of credit taken against the property and a home equity loan; or

(b) Any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,

Ê by both spouses, when that relation exists.

4.  If allodial title has been established and not relinquished, the exemption provided in subsection 1 extends to process to enforce the payment of obligations contracted for the purchase of the property, and for improvements made thereon, including any mechanic’s lien lawfully obtained, and for legal taxes levied by a state or local government, and for:

(a) Any mortgage or deed of trust thereon; and

(b) Any lien even if prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,

Ê unless a waiver for the specific obligation to which the judgment relates has been executed by all allodial titleholders of the property.

5.  Establishment of allodial title does not exempt the property from forfeiture pursuant to NRS 179.1156 to 179.121, inclusive, 179.1211 to 179.1235, inclusive, or 207.350 to 207.520, inclusive.

6.  Any declaration of homestead which has been filed before July 1, 2007, shall be deemed to have been amended on that date by extending the homestead exemption commensurate with any increase in the amount of equity held by the claimant in the property selected and claimed for the exemption up to the amount permitted by law on that date, but the increase does not impair the right of any creditor to execute upon the property when that right existed before July 1, 2007.

[Part 1:72:1865; A 1879, 140; 1949, 51; 1943 NCL § 3315] — (NRS A 1965, 28; 1971, 575; 1975, 215, 981; 1977, 933, 1492; 1979, 984; 1981, 625; 1983, 104, 662; 1985, 13; 1989, 3, 646; 1991, 579; 1995, 225; 1997, 3419; 2003, 879, 1008; 2005, 1010, 2226; 2007, 205, 3026; 2017, 781; 2019, 290)

      NRS 115.020  Declaration of homestead: Contents; recording; notice required of person who charges fee for recording declaration; rights not extinguished by certain conveyances; rights of trustee; penalty.

1.  The selection must be made by either spouse, or both of them, or the single person, declaring an intention in writing to claim the property as a homestead. The selection may be made on the form prescribed by the Real Estate Division of the Department of Business and Industry pursuant to NRS 115.025.

2.  The declaration must state:

(a) When made by a married person or persons, that they or either of them are married, or if not married, that he or she is a householder.

(b) When made by a married person or persons, that they or either of them, as the case may be, are, at the time of making the declaration, residing with their family, or with the person or persons under their care and maintenance, on the premises, particularly describing the premises.

(c) When made by any claimant under this section, that it is their or his or her intention to use and claim the property as a homestead.

3.  The declaration must be signed by the person or persons making it and acknowledged and recorded as conveyances affecting real property are required to be acknowledged and recorded. If the property declared upon as a homestead is the separate property of either spouse, both must join in the execution and acknowledgment of the declaration.

4.  If a person solicits another person to allow the soliciting person to file a declaration of homestead on behalf of the other person and charges or accepts a fee or other valuable consideration for recording the declaration of homestead for the other person, the soliciting person shall, before the declaration is recorded or before the fee or other valuable consideration is charged to or accepted from the other person, provide that person with a notice written in bold type which states that:

(a) Except for the fee which may be charged by the county recorder for recording a declaration of homestead, a declaration of homestead may be recorded in the county in which the property is located without the payment of a fee; and

(b) The person may record the declaration of homestead on his or her own behalf.

Ê The notice must clearly indicate the amount of the fee which may be charged by the county recorder for recording a declaration of homestead.

5.  The rights acquired by declaring a homestead are not extinguished by the conveyance of the underlying property in trust for the benefit of the person or persons who declared it. A trustee may by similar declaration claim property, held by the trustee, as a homestead for the settlor or for one or more beneficiaries of the trust, or both, if the person or persons for whom the claim is made reside on or in the property.

6.  A person who violates the provisions of subsection 4 is guilty of a misdemeanor.

[Part 1:72:1865; A 1879, 140; 1949, 51; 1943 NCL § 3315] — (NRS A 1971, 575; 1983, 662; 1985, 13; 1995, 226; 2009, 45; 2017, 782)

If you have any questions regarding the filing of a homestead, please call our office.  If you have not filed a homestead on your primary residence, I urge you to take this simple step to protect your home today.

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