David Boyer, CRS
  • David Boyer, CRS

  • Team Manager The Jack Woodcock Team

  • "SELLING LAS VEGAS SINCE 1973!!"

  • Contact Info - Tel: 702-362-8700 / Fax: 702-317-3610 / Dir: 702-379-6786 / email me

ImageImageImageImage
A LOOK AT SOME WAYS TO TAKE TITLE IN NEVADA

Community Property:

Requires a valid marriage between two people

Each spouse holds an undivided one-half interest in the estate

One spouse cannot partition the property by selling his or her interest

Requires signatures of both spouses to convey or encumber

Each spouse can devise (will) one-half of the community property

Upon death the estate of the decedent must be "cleared" through probate, affidavit or adjudication

Both halves of the community property are entitled to a "stepped up" tax basis as of the date of death

Joint Tenancy With Right Of Survivorship:

Parties need not be married; may be more than two joint tenants

Each joint tenants holds an equal and undivided interest in the estate, unity of interest

One joint tenant can partition the property by selling his or her interest

Requires signatures of all joint tenants to convey or encumber the whole

Estate passes to surviving joint tenants outside of probate

No court action required to "clear" title upon death of joint tenant(s)

Deceased tenant's share is entitled to a "stepped up" tax basis as of the date of death

Community Property with Right Of Survivorship:

Requires a valid marriage between two persons

Each spouse holds an undivided one-half interest in the estate

One spouse cannot partition the property by selling his or her interest

Requires signatures of both spouses to convey or encumber

Estate passes to surviving spouse outside of probate

No court action required to "clear" title upon the first death

Both halves of the community property are entitled to a "stepped up" tax basis as of the date of death

Tenants in Common
 
An undivided ownership in real estate by two or more persons.

The interests need not be equal, and in the event of the death of one of the owners, no right of survivorship in the owners exists, but instead the interest passes to the heirs of the deceased.

It exists when two or more persons acquire title, not as community property or as joint tenants. Each owner has a separate and distinct interest, which must be shown on the deed of acquisition. Each owner may deal with their interest without the consent of the other co-tenants.

 

This information is provided by Equity Title of Nevada as a courtesy only. 
For more information, you are encouraged to get professional legal & tax advice

© 2008. An Independently owned and operated member of Prudential Real Estates Affiliates, Inc.
Prudential Logo is a registered service mark of the Prudential Insurance Company of America. Equal Housing Opportunity.Equal Housing Opportunity