2005 Nevada Revised Statutes - Chapter 123 — Rights of Husband and Wife

CHAPTER 123 - RIGHTS OF HUSBAND AND WIFE

GENERAL PROVISIONS

NRS 123.010 Propertyrights of husband and wife governed by chapter; exceptions; rights vestedbefore March 10, 1873, not affected.

NRS 123.020 Curtesyand dower not allowed.

NRS 123.030 Howhusband and wife may hold property.

NRS 123.050 Husbandor wife not liable for debts of other incurred before marriage.

NRS 123.060 Nointerests in property of other.

NRS 123.070 Husbandand wife may make contracts.

NRS 123.080 Contractaltering legal relations: Separation agreement; consideration; introduction inevidence in divorce action.

NRS 123.090 Necessariesprovided wife when husband neglects to provide; recovery of value.

NRS 123.100 Abandonedspouse not liable for support of abandoning spouse.

NRS 123.110 Whenwife must support husband.

NRS 123.121 Segregationof damage awards when spouses sue jointly.

SEPARATE PROPERTY

NRS 123.130 Separateproperty of wife; separate property of husband.

NRS 123.140 Inventoryof separate property: Execution; recording; supplemental inventory.

NRS 123.150 Recordingof inventory is notice and evidence of title.

NRS 123.160 Effectof failure to record inventory.

NRS 123.170 Eachspouse controls own separate property.

NRS 123.180 Propertyand earnings of minor children.

NRS 123.190 Earningsof either spouse appropriated to own use pursuant to written authorization ofother spouse deemed gift.

COMMUNITY PROPERTY

NRS 123.220 Communityproperty defined.

NRS 123.225 Interestsof husband and wife in community property are present, existing and equalinterests.

NRS 123.230 Controlof community property.

NRS 123.240 Paymentsor refunds under benefit or savings plans to employees, beneficiaries orestates: Discharge of employer, trustee or insurance company from adverseclaims; notice.

NRS 123.250 Ownershipof survivor upon death of spouse; disposal by will of decedent.

NRS 123.259 Divisionof income and resources of husband and wife: Manner; conditions; restrictions.

MARRIAGE CONTRACTS OR SETTLEMENTS

NRS 123.270 Contractsor settlements to be written and acknowledged.

NRS 123.280 Recordingin counties where real property situated.

NRS 123.290 Recordof contract to impart notice.

NRS 123.300 Effectof not recording contract or settlement.

NRS 123.310 Minorsmay make marriage contracts or settlements.

_________

 

GENERAL PROVISIONS

NRS 123.010 Propertyrights of husband and wife governed by chapter; exceptions; rights vestedbefore March 10, 1873, not affected.

1. The property rights of husband and wife aregoverned by this chapter, unless there is:

(a) A premarital agreement which is enforceablepursuant to chapter 123A of NRS; or

(b) A marriage contract or settlement,

containingstipulations contrary thereto.

2. Chapter 76, Statutes of Nevada 1865, is repealed,but no rights vested or proceedings taken before March 10, 1873, shall beaffected 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 Curtesyand dower not allowed. No estate is allowedthe husband as tenant by curtesy upon the death of his wife, nor is any estatein 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 Howhusband and wife may hold property. A husbandand wife may hold real or personal property as joint tenants, tenants incommon, or as community property.

[8:119:1873; B 158; BH 506; C 517; RL 2162;NCL 3362](NRS A 1959, 408)

NRS 123.050 Husbandor wife not liable for debts of other incurred before marriage. Neither the separate property of a spouse nor his share ofthe community property is liable for the debts of the other spouse contractedbefore the marriage.

[17 1/2:119:1873; added 1933, 118; 1931 NCL 3371.01](NRS A 1975, 558)

NRS 123.060 Nointerests in property of other. Except asmentioned in NRS 123.070, neitherhusband 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 Husbandand wife may make contracts. Either husband orwife may enter into any contract, engagement or transaction with the other, orwith any other person respecting property, which either might enter into ifunmarried, subject in any contract, engagement or transaction betweenthemselves, to the general rules which control the actions of persons occupyingrelations of confidence and trust toward each other.

[19:119:1873; B 169; BH 517; C 528; RL 2173;NCL 3373]

NRS 123.080 Contractaltering legal relations: Separation agreement; consideration; introduction inevidence in divorce action.

1. A husband and wife cannot by any contract with eachother alter their legal relations except as to property, and except that theymay agree to an immediate separation and may make provision for the support ofeither of them and of their children during such separation.

2. The mutual consent of the parties is a sufficientconsideration for such an agreement as is mentioned in subsection 1.

3. In the event that a suit for divorce is pending orimmediately contemplated by one of the spouses against the other, the validityof such agreement shall not be affected by a provision therein that theagreement is made for the purpose of removing the subject matter thereof fromthe field of litigation, and that in the event of a divorce being granted toeither party, the agreement shall become effective and not otherwise.

4. If a contract executed by a husband and wife, or acopy 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 thecontract by reference thereto, the decree or judgment shall have the same forceand effect and legal consequences as though the contract were copied into thedecree, 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 Necessariesprovided wife when husband neglects to provide; recovery of value. If the husband neglects to make adequate provision for thesupport of his wife, any other person may in good faith supply her witharticles necessary for her support, and recover the reasonable value thereoffrom the husband. The separate property of the husband is liable for the costof such necessities if the community property of the spouses is not sufficientto satisfy such debt.

[22:119:1873; B 172; BH 520; C 531; RL 2176;NCL 3376](NRS A 1975, 558)

NRS 123.100 Abandonedspouse not liable for support of abandoning spouse. Ahusband or wife abandoned by his spouse is not liable for the support of theabandoning spouse until such spouse offers to return unless the misconduct ofthe 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 Whenwife must support husband. The wife mustsupport the husband out of her separate property when he has no separateproperty and they have no community property and he, from infirmity, is notable or competent to support himself.

[24:119:1873; B 174; BH 522; C 533; RL 2178;NCL 3378]

NRS 123.121 Segregationof damage awards when spouses sue jointly. Whena husband and wife sue jointly, any damages awarded shall be segregated asfollows:

1. If the action is for personal injuries, damagesassessed for:

(a) Personal injuries and pain and suffering, to theinjured spouse as his separate property.

(b) Loss of comfort and society, to the spouse whosuffers 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, damagesshall be awarded according to the character of the injured property. Damages toseparate property shall be awarded to the spouse owning such property, anddamages to community property shall be awarded to the spouses as communityproperty.

(Added to NRS by 1975, 558)

SEPARATE PROPERTY

NRS 123.130 Separateproperty of wife; separate property of husband.

1. All property of the wife owned by her beforemarriage, and that acquired by her afterwards by gift, bequest, devise, descentor by an award for personal injury damages, with the rents, issues and profitsthereof, is her separate property.

2. All property of the husband owned by him beforemarriage, and that acquired by him afterwards by gift, bequest, devise, descentor by an award for personal injury damages, with the rents, issues and profitsthereof, is his separate property.

[1:119:1873; B 151; BH 499; C 510; RL 2155;NCL 3355](NRS A 1975, 558)

NRS 123.140 Inventoryof separate property: Execution; recording; supplemental inventory.

1. A full and complete inventory of the separateproperty of a married person, exclusive of money, may be made out and signed bysuch person, acknowledged or proved in the manner required for theacknowledgment 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 ofthe county in which such person resides. If any real property lying in anothercounty is included in a recorded inventory, then the inventory shall be alsorecorded in the office of the recorder of such other county.

2. If the married person is not a resident of thisstate, a recorded inventory shall be recorded in the office of the recorder ofeach county where any portion of the property, real or personal, is situated,located or used.

3. From time to time thereafter, a further andsupplemental inventory may be made out, signed, acknowledged or proved, andrecorded in like manner, of all other separate property afterward acquired bysuch married person, excepting money, and the rents, issues and profits of suchpersons separate property, included in the original or any subsequentinventory, 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 Recordingof 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 persons separate property in the officeof the recorder of the county in which the person resides is notice of thepersons title to the separate property, except as to any real property situatein another county, and as to that real property, the recording of the inventorythereof in the office of the recorder of the county where the same is situate,is notice of the persons title thereto.

2. If a married person is not a resident of thisstate, the recording of the inventory of the persons separate property in theoffice of the recorder of the county where any portion of the property, real orpersonal, included in the inventory is situate, located or used, is notice ofthe persons title as to all that property situate, located or used in thatcounty.

[4:119:1873; B 154; BH 502; C 513; RL 2158;NCL 3358](NRS A 1975, 559; 2001, 1755; 2003, 75)

NRS 123.160 Effectof 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 persons separate propertyin the office of the recorder of the county of residence, or the omission fromthe 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 valuableconsideration from the other spouse, that the property of which no inventoryhas been so filed, or which has been omitted from the inventory, is not theseparate property of such person. As to any real property situate in anothercounty, the failure to file for record an inventory thereof in the office ofthe recorder of the county where the same is situate, or the omission from theinventory, 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 asaforesaid, that such real property of which no inventory has been so filed, orwhich has been omitted from the inventory, is not such persons separateproperty.

2. When a married person is not a resident of thisstate, the failure to file for record an inventory of such persons separateproperty in the office of the recorder of the county where any portion of suchproperty is situate, located or used, or the omission from the inventory, filedin such office, of any part of such property, is, as to all such propertysituate, located or used in that county, of which no inventory has been sofiled, or which has been omitted from the inventory, prima facie evidence, asbetween the married person and such purchasers as aforesaid, that the same isnot such persons separate property.

3. The provisions of NRS123.140, 123.150 and this section donot preclude the introduction of other evidence to show the separate orcommunity 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 Eachspouse controls own separate property. Eitherspouse may, without the consent of the other spouse, convey, charge, encumberor otherwise in any manner dispose of his separate property.

[9:119:1873; B 159; BH 507; C 518; RL 2163;NCL 3363](NRS A 1975, 560)

NRS 123.180 Propertyand 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 his ownproperty, and neither parent is entitled to any interest therein.

2. The earnings and accumulations of earnings of aminor child are the community property of his parents unless relinquished tothe child. Such relinquishment may be shown by written instrument, proof of aspecific oral gift, or proof of a course of conduct.

3. When a husband and wife are living separate andapart the earnings and accumulations of earnings of their minor children,unless relinquished, are the separate property of the spouse who has theircustody or, if no custody award has been made, then the separate property ofthe 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 Earningsof either spouse appropriated to own use pursuant to written authorization ofother spouse deemed gift.

1. When the husband has given written authority to thewife to appropriate to her own use her earnings, the same, with the issues andprofits thereof, is deemed a gift from him to her, and is, with such issues andprofits, her separate property.

2. When the wife has given written authority to thehusband to appropriate to his own use his earnings, the same, with the issuesand profits thereof, is deemed a gift from her to him, and is, with such issuesand 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 Communityproperty defined. All property, other thanthat stated in NRS 123.130, acquiredafter marriage by either husband or wife, or both, is community property unlessotherwise provided by:

1. An agreement in writing between the spouses, whichis effective only as between them.

2. A decree of separate maintenance issued by a courtof competent jurisdiction.

3. NRS 123.190.

4. A decree issued or agreement in writing enteredpursuant 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)

NRS 123.225 Interestsof husband and wife in community property are present, existing and equalinterests.

1. The respective interests of the husband and wife incommunity 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 allcommunity property, whether the community property was acquired before, on orafter March 26, 1959.

(Added to NRS by 1959, 408; A 1997, 1596)

NRS 123.230 Controlof community property. A spouse may, bywritten power of attorney, give to the other the complete power to sell, conveyor encumber any property held as community property or either spouse, actingalone, may manage and control community property, whether the communityproperty was acquired before, on or after July 1, 1975, with the same power ofdisposition as the acting spouse has over his separate property, except that:

1. Neither spouse may devise or bequeath more thanone-half of the community property.

2. Neither spouse may make a gift of communityproperty without the express or implied consent of the other.

3. Neither spouse may sell, convey or encumber thecommunity real property unless both join in the execution of the deed or otherinstrument by which the real property is sold, conveyed or encumbered, and thedeed or other instrument must be acknowledged by both.

4. Neither spouse may purchase or contract to purchasecommunity real property unless both join in the transaction of purchase or inthe 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, communityhousehold goods, furnishings or appliances unless both join in executing thesecurity agreement or contract of sale, if any.

6. Neither spouse may acquire, purchase, sell, conveyor encumber the assets, including real property and goodwill, of a businesswhere both spouses participate in its management without the consent of theother. If only one spouse participates in management, he may, in the ordinarycourse of business, acquire, purchase, sell, convey or encumber the assets,including real property and goodwill, of the business without the consent ofthe 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 Paymentsor refunds under benefit or savings plans to employees, beneficiaries orestates: Discharge of employer, trustee or insurance company from adverseclaims; notice. Notwithstanding the provisionsof NRS 123.220 and 123.230, whenever payment or refund is madeto an employee, former employee, or his beneficiary or estate pursuant to awritten retirement, death or other employee benefit plan or savings plan, suchpayment or refund shall fully discharge the employer and any trustee orinsurance company making such payment or refund from all adverse claimsthereto, unless, before such payment or refund is made, the employer or formeremployer, where the payment is made by the employer or former employer, hasreceived at its principal place of business within this state written notice byor on behalf of some other person that such other person claims to be entitledto such payment or refund or some part thereof or where a trustee or insurancecompany is making the payment, such notice has been received by the trustee orinsurance company at its home office, but nothing contained in this sectionshall affect any claim or right to any such payment or refund or part thereofas between all persons other than the employee and the trustee or insurancecompany making such payment or refund.

[6.5:119:1873; added 1953, 337]

NRS 123.250 Ownershipof survivor upon death of spouse; disposal by will of decedent.

1. Except as otherwise provided in subsection 2, uponthe death of either husband or wife:

(a) An undivided one-half interest in the communityproperty is the property of the surviving spouse and his or her sole separateproperty.

(b) The remaining interest:

(1) Is subject to the testamentary dispositionof the decedent or, in the absence of such a testamentary disposition, goes tothe surviving spouse; and

(2) Is the only portion subject toadministration under the provisions of title 12 of NRS.

2. The provisions of this section:

(a) Do not apply to the extent that they areinconsistent with the provisions of chapter 41Bof NRS.

(b) Do not apply to community property with right ofsurvivorship.

(c) Apply to all other community property, whether thecommunity property was acquired before, on or after July 1, 1975.

3. As used in this section, community property withright of survivorship means community property in which a right ofsurvivorship exists pursuant to NRS 111.064or 115.060 or any other provision oflaw.

[1:198:1937; 1931 NCL 3395.01](NRS A 1957, 359;1959, 408; 1975, 561; 1981, 779; 1997, 1597; 1999, 1355)

NRS 123.259 Divisionof income and resources of husband and wife: Manner; conditions; restrictions.

1. Except as otherwise provided in subsection 2, acourt of competent jurisdiction may, upon a proper petition filed by a spouseor the guardian of a spouse, enter a decree dividing the income and resourcesof a husband and wife pursuant to this section if one spouse is aninstitutionalized spouse and the other spouse is a community spouse.

2. The court shall not enter such a decree if thedivision is contrary to a premarital agreement between the spouses which isenforceable pursuant to chapter 123A of NRS.

3. Unless modified pursuant to subsection 4 or 5, thecourt may divide the income and resources:

(a) Equally between the spouses; or

(b) By protecting income for the community spousethrough application of the maximum federal minimum monthly maintenance needsallowance set forth in 42 U.S.C. 1396r-5(d)(3)(c) and by permitting atransfer of resources to the community spouse an amount which does not exceedthe amount set forth in 42 U.S.C. 1396r-5(f)(2)(A)(ii).

4. If either spouse establishes that the communityspouse needs income greater than that otherwise provided under paragraph (b) ofsubsection 3, upon finding exceptional circumstances resulting in significantfinancial duress and setting forth in writing the reasons for that finding, thecourt may enter an order for support against the institutionalized spouse forthe support of the community spouse in an amount adequate to provide suchadditional income as is necessary.

5. If either spouse establishes that a transfer ofresources to the community spouse pursuant to paragraph (b) of subsection 3, inrelation to the amount of income generated by such a transfer, is inadequate toraise 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 tofund the amount so allowed or to fund the order for support.

6. A copy of a petition for relief under subsection 4or 5 and any court order issued pursuant to such a petition must be served onthe Administrator of the Division of Welfare and Supportive Services of theDepartment of Health and Human Services when any application for medicalassistance is made by or on behalf of an institutionalized spouse. He mayintervene no later than 45 days after receipt by the Division of Welfare andSupportive Services of the Department of Health and Human Services of anapplication for medical assistance and a copy of the petition and any orderentered pursuant to subsection 4 or 5, and may move to modify the order.

7. A person may enter into a written agreement withhis spouse dividing their community income, assets and obligations into equalshares of separate income, assets and obligations of the spouses. Such anagreement is effective only if one spouse is an institutionalized spouse andthe other spouse is a community spouse or a division of the income or resourceswould allow one spouse to qualify for services under NRS 427A.250 to 427A.280, inclusive.

8. An agreement entered into or decree enteredpursuant to this section may not be binding on the Division of Welfare andSupportive Services of the Department of Health and Human Services in makingdeterminations under the State Plan for Medicaid.

9. As used in this section, community spouse andinstitutionalized spouse have the meanings respectively ascribed to them in42 U.S.C. 1396r-5(h).

(Added to NRS by 1987, 1016; A 1989, 380, 1005; 1993,2412; 1997, 1248)

MARRIAGE CONTRACTS OR SETTLEMENTS

NRS 123.270 Contractsor settlements to be written and acknowledged. Allmarriage contracts or settlements must be in writing, and executed and acknowledgedor proved in like manner as a conveyance of land is required to be executed andacknowledged or proved.

[27:119:1873; B 177; BH 525; C 536; RL 2181;NCL 3381]

NRS 123.280 Recordingin counties where real property situated. Whensuch marriage contract or settlement is acknowledged or proved, it must berecorded in the office of the recorder of every county in which any realproperty 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 Recordof contract to impart notice. When suchmarriage contract or settlement is deposited in the recorders office forrecord, it shall, as to all property affected thereby in the county where thesame 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 Effectof not recording contract or settlement. Nosuch marriage contract or settlement shall be valid as to any real property, oraffect the same, except as between the parties thereto, until it shall bedeposited for record with the recorder of the county in which such realproperty is situate.

[30:119:1873; B 180; BH 528; C 539; RL 2184;NCL 3384]

NRS 123.310 Minorsmay make marriage contracts or settlements. Aminor capable of contracting marriage may make a valid marriage contract orsettlement.

[31:119:1873; B 181; BH 529; C 540; RL 2185;NCL 3385]

 

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