[Rev. 2/10/2015 4:19:14
PM--2014R2]
CHAPTER 123 - RIGHTS OF HUSBAND AND WIFE
GENERAL PROVISIONS
NRS 123.010 Property
rights of husband and wife governed by chapter; exceptions; rights vested
before March 10, 1873, not affected.
NRS 123.020 Curtesy
and dower not allowed.
NRS 123.030 How
husband and wife may hold property.
NRS 123.050 Husband
or wife not liable for debts of other incurred before marriage.
NRS 123.060 No
interests in property of other.
NRS 123.070 Husband
and wife may make contracts.
NRS 123.080 Contract
altering legal relations: Separation agreement; consideration; introduction in
evidence in divorce action.
NRS 123.090 Necessaries
provided wife when husband neglects to provide; recovery of value.
NRS 123.100 Abandoned
spouse not liable for support of abandoning spouse.
NRS 123.110 When
wife must support husband.
NRS 123.121 Segregation
of damage awards when spouses sue jointly.
SEPARATE PROPERTY
NRS 123.130 Separate
property of wife; separate property of husband.
NRS 123.140 Inventory
of separate property: Execution; recording; supplemental inventory.
NRS 123.150 Recording
of inventory is notice and evidence of title.
NRS 123.160 Effect
of failure to record inventory.
NRS 123.170 Each
spouse controls own separate property.
NRS 123.180 Property
and earnings of minor children.
NRS 123.190 Earnings
of either spouse appropriated to own use pursuant to written authorization of
other spouse deemed gift.
COMMUNITY PROPERTY
NRS 123.220 Community
property defined.
NRS 123.225 Interests
of husband and wife in community property are present, existing and equal
interests.
NRS 123.230 Control
of community property.
NRS 123.240 Payments
or refunds under benefit or savings plans to employees, beneficiaries or
estates: Discharge of employer, trustee or insurance company from adverse
claims; notice.
NRS 123.250 Ownership
of survivor upon death of spouse; disposal by will of decedent.
NRS 123.259 Division
of income and resources of husband and wife: Manner; conditions; restrictions.
MARRIAGE CONTRACTS OR SETTLEMENTS
NRS 123.270 Contracts
or settlements to be written and acknowledged.
NRS 123.280 Recording
in counties where real property situated.
NRS 123.290 Record
of contract to impart notice.
NRS 123.300 Effect
of not recording contract or settlement.
NRS 123.310 Minors
may make marriage contracts or settlements.
_________
GENERAL PROVISIONS
NRS 123.010 Property rights of husband and wife governed by chapter;
exceptions; rights vested before March 10, 1873, not affected.
1. The property rights of husband and wife
are governed by this chapter, unless there is:
(a) A premarital agreement which is enforceable
pursuant to chapter 123A of NRS; or
(b) A marriage contract or settlement,
Ê containing
stipulations contrary thereto.
2. Chapter 76, Statutes of Nevada 1865, is
repealed, but no rights vested or proceedings taken before March 10, 1873,
shall be affected by anything contained in this chapter of NRS.
[26:119:1873; B § 176; BH § 524; C § 535; RL § 2180;
NCL § 3380] + [35:119:1873; B § 185; BH § 533; C § 544; RL § 2189; NCL §
3389]—(NRS A 1989,
1004)
NRS 123.020 Curtesy and dower not allowed. No
estate is allowed the husband as tenant by curtesy upon the death of his wife,
nor is any estate in dower allotted to the wife upon the death of her husband.
[7:119:1873; B § 157; BH § 505; C § 516; RL § 2161; NCL
§ 3361]
NRS 123.030 How husband and wife may hold property. A
husband and wife may hold real or personal property as joint tenants, tenants
in common, or as community property.
[8:119:1873; B § 158; BH § 506; C § 517; RL § 2162;
NCL § 3362]—(NRS A 1959, 408)
NRS 123.050 Husband or wife not liable for debts of other incurred before
marriage. Neither the separate
property of a spouse nor the spouse’s share of the community property is liable
for the debts of the other spouse contracted before the marriage.
[17 1/2:119:1873; added 1933, 118; 1931 NCL §
3371.01]—(NRS A 1975, 558)
NRS 123.060 No interests in property of other. Except
as mentioned in NRS 123.070, neither husband nor wife
has any interest in the property of the other.
[18:119:1873; B § 168; BH § 516; C § 527; RL § 2172;
NCL § 3372]
NRS 123.070 Husband and wife may make contracts. Either
husband or wife may enter into any contract, engagement or transaction with the
other, or with any other person respecting property, which either might enter
into if unmarried, subject in any contract, engagement or transaction between
themselves, to the general rules which control the actions of persons occupying
relations of confidence and trust toward each other.
[19:119:1873; B § 169; BH § 517; C § 528; RL § 2173;
NCL § 3373]
NRS 123.080 Contract altering legal relations: Separation agreement;
consideration; introduction in evidence in divorce action.
1. A husband and wife cannot by any
contract with each other alter their legal relations except as to property, and
except that they may agree to an immediate separation and may make provision
for the support of either of them and of their children during such separation.
2. The mutual consent of the parties is a
sufficient consideration for such an agreement as is mentioned in subsection 1.
3. In the event that a suit for divorce is
pending or immediately contemplated by one of the spouses against the other,
the validity of such agreement shall not be affected by a provision therein
that the agreement is made for the purpose of removing the subject matter
thereof from the field of litigation, and that in the event of a divorce being
granted to either party, the agreement shall become effective and not
otherwise.
4. If a contract executed by a husband and
wife, or a copy thereof, be introduced in evidence as an exhibit in any divorce
action, and the court shall by decree or judgment ratify or adopt or approve
the contract by reference thereto, the decree or judgment shall have the same
force and effect and legal consequences as though the contract were copied into
the decree, or attached thereto.
[20:119:1873; A 1935, 194; 1953, 235] + [21:119:1873;
B § 171; BH § 519; C § 530; RL § 2175; NCL § 3375]
NRS 123.090 Necessaries provided wife when husband neglects to provide;
recovery of value. If the husband
neglects to make adequate provision for the support of his wife, any other
person may in good faith supply her with articles necessary for her support,
and recover the reasonable value thereof from the husband. The separate
property of the husband is liable for the cost of such necessities if the
community property of the spouses is not sufficient to satisfy such debt.
[22:119:1873; B § 172; BH § 520; C § 531; RL § 2176;
NCL § 3376]—(NRS A 1975, 558)
NRS 123.100 Abandoned spouse not liable for support of abandoning spouse. A husband or wife abandoned by his or her
spouse is not liable for the support of the abandoning spouse until such spouse
offers to return unless the misconduct of the husband or wife justified the
abandonment.
[23:119:1873; B § 173; BH § 521; C § 532; RL § 2177;
NCL § 3377]—(NRS A 1975, 558)
NRS 123.110 When wife must support husband. The
wife must support the husband out of her separate property when he has no
separate property and they have no community property and he, from infirmity,
is not able or competent to support himself.
[24:119:1873; B § 174; BH § 522; C § 533; RL § 2178;
NCL § 3378]
NRS 123.121 Segregation of damage awards when spouses sue jointly. When a husband and wife sue jointly, any
damages awarded shall be segregated as follows:
1. If the action is for personal injuries,
damages assessed for:
(a) Personal injuries and pain and suffering, to
the injured spouse as his or her separate property.
(b) Loss of comfort and society, to the spouse
who suffers such loss.
(c) Loss of services and hospital and medical
expenses, to the spouses as community property.
2. If the action is for injury to
property, damages shall be awarded according to the character of the injured
property. Damages to separate property shall be awarded to the spouse owning
such property, and damages to community property shall be awarded to the
spouses as community property.
(Added to NRS by 1975, 558)
SEPARATE PROPERTY
NRS 123.130 Separate property of wife; separate property of husband.
1. All property of the wife owned by her
before marriage, and that acquired by her afterwards by gift, bequest, devise,
descent or by an award for personal injury damages, with the rents, issues and
profits thereof, is her separate property.
2. All property of the husband owned by
him before marriage, and that acquired by him afterwards by gift, bequest,
devise, descent or by an award for personal injury damages, with the rents,
issues and profits thereof, is his separate property.
[1:119:1873; B § 151; BH § 499; C § 510; RL § 2155;
NCL § 3355]—(NRS A 1975, 558)
NRS 123.140 Inventory of separate property: Execution; recording;
supplemental inventory.
1. A full and complete inventory of the
separate property of a married person, exclusive of money, may be made out and
signed by such person, acknowledged or proved in the manner required for the
acknowledgment or proof of a conveyance of real property, and may be recorded,
if such person is a resident of this State, in the office of the recorder of
the county in which such person resides. If any real property lying in another
county is included in a recorded inventory, then the inventory shall be also
recorded in the office of the recorder of such other county.
2. If the married person is not a resident
of this state, a recorded inventory shall be recorded in the office of the
recorder of each county where any portion of the property, real or personal, is
situated, located or used.
3. From time to time thereafter, a further
and supplemental inventory may be made out, signed, acknowledged or proved, and
recorded in like manner, of all other separate property afterward acquired by
such married person, excepting money, and the rents, issues and profits of such
person’s separate property, included in the original or any subsequent
inventory, if the same be in money.
[3:119:1873; B § 153; BH § 501; C § 512; RL § 2157;
NCL § 3357]—(NRS A 1959, 9; 1975, 559)
NRS 123.150 Recording of inventory is notice and evidence of title.
1. If a married person is a resident of
this state, the recording of the inventory of the person’s separate property in
the office of the recorder of the county in which the person resides is notice
of the person’s title to the separate property, except as to any real property
situate in another county, and as to that real property, the recording of the
inventory thereof in the office of the recorder of the county where the same is
situate, is notice of the person’s title thereto.
2. If a married person is not a resident
of this state, the recording of the inventory of the person’s separate property
in the office of the recorder of the county where any portion of the property,
real or personal, included in the inventory is situate, located or used, is
notice of the person’s title as to all that property situate, located or used
in that county.
[4:119:1873; B § 154; BH § 502; C § 513; RL § 2158;
NCL § 3358]—(NRS A 1975, 559; 2001, 1755; 2003, 75)
NRS 123.160 Effect of failure to record inventory.
1. When a married person is a resident of
this state, the failure to file for record an inventory of such person’s
separate property in the office of the recorder of the county of residence, or
the omission from the inventory, filed for record in such office, of any part
of such property, except as to real property situate in another county, is
prima facie evidence, as between such married person and purchasers in good
faith and for a valuable consideration from the other spouse, that the property
of which no inventory has been so filed, or which has been omitted from the
inventory, is not the separate property of such person. As to any real property
situate in another county, the failure to file for record an inventory thereof
in the office of the recorder of the county where the same is situate, or the
omission from the inventory, filed for record in such office, of any part of
such real property, is prima facie evidence, as between the married person and
such purchasers as aforesaid, that such real property of which no inventory has
been so filed, or which has been omitted from the inventory, is not such
person’s separate property.
2. When a married person is not a resident
of this state, the failure to file for record an inventory of such person’s
separate property in the office of the recorder of the county where any portion
of such property is situate, located or used, or the omission from the
inventory, filed in such office, of any part of such property, is, as to all
such property situate, located or used in that county, of which no inventory
has been so filed, or which has been omitted from the inventory, prima facie
evidence, as between the married person and such purchasers as aforesaid, that
the same is not such person’s separate property.
3. The provisions of NRS 123.140, 123.150 and
this section do not preclude the introduction of other evidence to show the separate
or community character of the property of the spouses.
[5:119:1873; B § 155; BH § 503; C § 514; RL § 2159;
NCL § 3359]—(NRS A 1975, 559)
NRS 123.170 Each spouse controls own separate property. Either spouse may, without the consent of the
other spouse, convey, charge, encumber or otherwise in any manner dispose of
his or her separate property.
[9:119:1873; B § 159; BH § 507; C § 518; RL § 2163;
NCL § 3363]—(NRS A 1975, 560)
NRS 123.180 Property and earnings of minor children.
1. Any property acquired by a child by
gift, bequest, devise or descent, with the rents, issues and profits thereof,
is the child’s own property, and neither parent is entitled to any interest
therein.
2. The earnings and accumulations of
earnings of a minor child are the community property of his or her parents
unless relinquished to the child. Such relinquishment may be shown by written
instrument, proof of a specific oral gift, or proof of a course of conduct.
3. When a husband and wife are living
separate and apart the earnings and accumulations of earnings of their minor
children, unless relinquished, are the separate property of the spouse who has
their custody or, if no custody award has been made, then the separate property
of the spouse with whom such children are living.
[14:119:1873; B § 164; BH § 512; C § 523; RL § 2168;
NCL § 3368]—(NRS A 1975, 560)
NRS 123.190 Earnings of either spouse appropriated to own use pursuant to
written authorization of other spouse deemed gift.
1. When the husband has given written
authority to the wife to appropriate to her own use her earnings, the same,
with the issues and profits thereof, is deemed a gift from him to her, and is,
with such issues and profits, her separate property.
2. When the wife has given written
authority to the husband to appropriate to his own use his earnings, the same,
with the issues and profits thereof, is deemed a gift from her to him, and is,
with such issues and profits, his separate property.
[15:119:1873; B § 165; BH § 513; C § 524; RL § 2169;
NCL § 3369]—(NRS A 1973, 1036)
COMMUNITY PROPERTY
NRS 123.220 Community property defined. All
property, other than that stated in NRS 123.130,
acquired after marriage by either husband or wife, or both, is community
property unless otherwise provided by:
1. An agreement in writing between the
spouses.
2. A decree of separate maintenance issued
by a court of competent jurisdiction.
3. NRS 123.190.
4. A decree issued or agreement in writing
entered pursuant to NRS 123.259.
[2:119:1873; B § 152; BH § 500; C § 511; RL § 2156;
NCL § 3356]—(NRS A 1975, 560; 1987, 1016; 1989, 380; 2009, 1636)
NRS 123.225 Interests of husband and wife in community property are present,
existing and equal interests.
1. The respective interests of the husband
and wife in community property during continuance of the marriage relation are
present, existing and equal interests, subject to the provisions of NRS 123.230.
2. The provisions of this section apply to
all community property, whether the community property was acquired before, on
or after March 26, 1959.
(Added to NRS by 1959, 408; A 1997, 1596)
NRS 123.230 Control of community property. 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.
5. Neither spouse may create a security
interest, other than a purchase-money security interest as defined in NRS 104.9103, in, or sell, community
household goods, furnishings or appliances unless both join in executing the
security agreement or contract of sale, if any.
6. Neither spouse may acquire, purchase,
sell, convey or encumber the assets, including real property and goodwill, of a
business where both spouses participate in its management without the consent
of the other. If only one spouse participates in management, he or she may, in
the ordinary course of business, acquire, purchase, sell, convey or encumber
the assets, including real property and goodwill, of the business without the
consent of the nonparticipating spouse.
[6:119:1873; A 1897, 24; 1917, 121; 1919 RL § 2160;
NCL § 3360]—(NRS A 1973, 1037; 1975, 560; 1977, 271; 1997, 1596; 1999, 391)
NRS 123.240 Payments or refunds under benefit or savings plans to employees,
beneficiaries or estates: Discharge of employer, trustee or insurance company
from adverse claims; notice. Notwithstanding
the provisions of NRS 123.220 and 123.230, whenever payment or refund is made to an
employee, former employee, or his or her beneficiary or estate pursuant to a
written retirement, death or other employee benefit plan or savings plan, such
payment or refund shall fully discharge the employer and any trustee or
insurance company making such payment or refund from all adverse claims
thereto, unless, before such payment or refund is made, the employer or former
employer, where the payment is made by the employer or former employer, has
received at its principal place of business within this state written notice by
or on behalf of some other person that such other person claims to be entitled
to such payment or refund or some part thereof or where a trustee or insurance
company is making the payment, such notice has been received by the trustee or
insurance company at its home office, but nothing contained in this section
shall affect any claim or right to any such payment or refund or part thereof
as between all persons other than the employee and the trustee or insurance
company making such payment or refund.
[6.5:119:1873; added 1953, 337]
NRS 123.250 Ownership of survivor upon death of spouse; disposal by will of
decedent.
1. Except as otherwise provided in subsection
2, upon the death of either husband or wife:
(a) An undivided one-half interest in the
community property is the property of the surviving spouse and his or her sole
separate property.
(b) The remaining interest:
(1) Is subject to the testamentary
disposition of the decedent or, in the absence of such a testamentary
disposition, goes to the surviving spouse; and
(2) Is the only portion subject to
administration under the provisions of title 12 of NRS.
2. The provisions of this section:
(a) Do not apply to the extent that they are
inconsistent with the provisions of chapter 41B
of NRS.
(b) Do not apply to community property with right
of survivorship.
(c) Apply to all other community property,
whether the community property was acquired before, on or after July 1, 1975.
3. As used in this section, “community
property with right of survivorship” means community property in which a right
of survivorship exists pursuant to NRS
111.064 or 115.060 or any other
provision of law.
[1:198:1937; 1931 NCL § 3395.01]—(NRS A 1957, 359;
1959, 408; 1975, 561; 1981, 779; 1997, 1597; 1999, 1355)
NRS 123.259 Division of income and resources of husband and wife: Manner;
conditions; restrictions.
1. Except as otherwise provided in
subsection 2, a court of competent jurisdiction may, upon a proper petition
filed by a spouse or the guardian of a spouse, enter a decree dividing the
income and resources of a husband and wife pursuant to this section if one
spouse is an institutionalized spouse and the other spouse is a community
spouse.
2. The court shall not enter such a decree
if the division is contrary to a premarital agreement between the spouses which
is enforceable pursuant to chapter 123A of
NRS.
3. Unless modified pursuant to subsection
4 or 5, the court may divide the income and resources:
(a) Equally between the spouses; or
(b) By protecting income for the community spouse
through application of the maximum federal minimum monthly maintenance needs
allowance set forth in 42 U.S.C. § 1396r-5(d)(3)(C) and by permitting a
transfer of resources to the community spouse an amount which does not exceed the
amount set forth in 42 U.S.C. § 1396r-5(f)(2)(A)(ii).
4. If either spouse establishes that the
community spouse needs income greater than that otherwise provided under
paragraph (b) of subsection 3, upon finding exceptional circumstances resulting
in significant financial duress and setting forth in writing the reasons for
that finding, the court may enter an order for support against the
institutionalized spouse for the support of the community spouse in an amount
adequate to provide such additional income as is necessary.
5. If either spouse establishes that a
transfer of resources to the community spouse pursuant to paragraph (b) of
subsection 3, in relation to the amount of income generated by such a transfer,
is inadequate to raise the income of the community spouse to the amount allowed
under paragraph (b) of subsection 3 or an order for support issued pursuant to
subsection 4, the court may substitute an amount of resources adequate to
provide income to fund the amount so allowed or to fund the order for support.
6. A copy of a petition for relief under
subsection 4 or 5 and any court order issued pursuant to such a petition must
be served on the Administrator of the Division of Welfare and Supportive
Services of the Department of Health and Human Services when any application
for medical assistance is made by or on behalf of an institutionalized spouse.
The Administrator may intervene no later than 45 days after receipt by the
Division of Welfare and Supportive Services of the Department of Health and
Human Services of an application for medical assistance and a copy of the
petition and any order entered pursuant to subsection 4 or 5, and may move to
modify the order.
7. A person may enter into a written
agreement with his or her spouse dividing their community income, assets and
obligations into equal shares of separate income, assets and obligations of the
spouses. Such an agreement is effective only if one spouse is an
institutionalized spouse and the other spouse is a community spouse or a division
of the income or resources would allow one spouse to qualify for services under
NRS 427A.250 to 427A.280, inclusive.
8. An agreement entered into or decree
entered pursuant to this section may not be binding on the Division of Welfare
and Supportive Services of the Department of Health and Human Services in
making determinations under the State Plan for Medicaid.
9. As used in this section, “community
spouse” and “institutionalized spouse” have the meanings respectively ascribed
to them in 42 U.S.C. § 1396r-5(h).
(Added to NRS by 1987, 1016; A 1989, 380, 1005; 1993, 2412; 1997, 1248; 2009, 1257)
MARRIAGE CONTRACTS OR SETTLEMENTS
NRS 123.270 Contracts or settlements to be written and acknowledged. All marriage contracts or settlements must be
in writing, and executed and acknowledged or proved in like manner as a conveyance
of land is required to be executed and acknowledged or proved.
[27:119:1873; B § 177; BH § 525; C § 536; RL § 2181;
NCL § 3381]
NRS 123.280 Recording in counties where real property situated. When such marriage contract or settlement is
acknowledged or proved, it must be recorded in the office of the recorder of
every county in which any real property may be situated which is conveyed or
affected by such contract.
[28:119:1873; B § 178; BH § 526; C § 537; RL § 2182;
NCL § 3382]
NRS 123.290 Record of contract to impart notice. When
such marriage contract or settlement is deposited in the recorder’s office for
record, it shall, as to all property affected thereby in the county where the
same is deposited, impart full notice to all persons of the contents thereof.
[29:119:1873; B § 179; BH § 527; C § 538; RL § 2183;
NCL § 3383]
NRS 123.300 Effect of not recording contract or settlement. No such marriage contract or settlement shall
be valid as to any real property, or affect the same, except as between the
parties thereto, until it shall be deposited for record with the recorder of
the county in which such real property is situate.
[30:119:1873; B § 180; BH § 528; C § 539; RL § 2184;
NCL § 3384]
NRS 123.310 Minors may make marriage contracts or settlements. A minor capable of contracting marriage may
make a valid marriage contract or settlement.
[31:119:1873; B § 181; BH § 529; C § 540; RL § 2185;
NCL § 3385]
