Common Ways To Hold Title In Nevada
Note: It will be less of a burden for some (like me) in understanding the article below if we start with this one: How You Take Title.
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Tenancy In Common |
Joint Tenancy with Right of Survivorship |
Community Property |
Community Property with Right of | |
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Parties |
Any Number of persons. Can be Husband & Wife |
Any number of persons. Can be Husband & Wife |
Husband & Wife,Only. |
Husband & Wife,only. Two persons per marital community |
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Division |
Ownership can be divided into any number of interests. Does not have to be equal. |
Ownership interests must be equal. |
Ownership interests must be equal. |
Ownership interests must be equal. |
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Title |
Each owner has a separate legal title to his undivided interest. |
There is only one title to the whole property. |
Title is in the "community." Each interest in separate but manages unified. |
Title is in the "community." Each interest in separate but manages unified. |
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Possession |
Equal rights of possession. |
Equal rights of possession. |
Equal rights of possession. |
Equal rights of possession. |
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Conveyance |
Each co-owner's interest may be conveyed separately by its owner. |
Conveyance by one co-owner without the other breaks the joint tenancy. Must be recorded before death of any tenant. |
Both co-owners must join on the conveyance of the real property. Separate interests cannot be conveyed. |
Both co-owners must join on the conveyance of the real property. Separate interests cannot be conveyed. |
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Purchaser's |
Purchaser will become a tenant in common with the other co-owners of the property. |
Purchaser will become a tenant in common with the other co-owners of the property. |
Purchaser can only acquire whole title of community. Cannot acquire a part of it. |
Purchaser can only acquire whole title of community. Cannot acquire a part of it. |
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Death |
On co-owner's death, the deceased's interest passes by will to the devisees of heir. No right of survivorship. Subject to court approval. |
On co-owner's death, the deceased's interest ends and cannot be disposed of by will. Survivor owns the property by right of survivorship. |
On co-owner's death, one half belongs to survivor in severalty. One half goes by will to descendant's devisees or by succession to survivor. |
On co-owner's death, the deceased's interest ends and cannot be disposed of by will. Estate passes to survivor outside of probate. |
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Creditor's Rights |
Co-owner's interest may be sold at execution sale to satisfy creditor. Creditor becomes tenant in common. |
Co-owner's interest may be sold at execution sale to satisfy creditor. Joint tenancy is broken; creditor is then tenant in common. |
Co-owner's interest cannot be seized and sold separately. The entire property may be sold at execution sale to satisfy creditors. |
Co-owner's interest cannot be seized and sold separately. The entire property may be sold at execution sale to satisfy creditors. |
Additional Links:
* Information provided by First Centennial Title Co. of Nevada.




It was pretty heavy stuff for my brain. But better than nothing. It'll sink in.
thanks for the post.
Posted by: Javier | February 01, 2008 at 01:12 PM
Javier,
Welcome to the club man.
Posted by: Ian Mariano | February 01, 2008 at 01:19 PM