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)
Notes of Decisions
Cited in
12
cases (
2 in the last 5 years), 1993–2025 · leading case:
Van Meter v. Nilsson, 315 P.3d 966 (Nev. 2013).
Van Meter v. Nilsson, 315 P.3d 966 (Nev. 2013).
· cites it 10× “This requirement is governed by NRS 115.020, which provides that “[t]he selection must be made by either the husband or wife, or both of them, or the single person, declaring an intention in writing to claim the property as a homestead.”
Aguirre, Jr. v. Elko Cty. Sheriff's Off., 2022 NV 32 (Nev. 2022).
· cites it 22× “The court found that the appellant did not substantially comply with the residency requirement of the homestead exemption under NRS 115.020, however, because he made his declarations of homestead while incarcerated.”
In Re Stanton, 457 B.R. 80 (Bankr. D. Nev. 2011).
“§ 115.020. Such a declaration is necessary to enjoy the full benefits of the homestead exemption.”
In Re Zohner, 156 B.R. 288 (Bankr. D. Nev. 1993).
“§ 115.020. 1 On April 2, 1993, Zoh-ner vacated the Residence and granted Heidi Samo a 30-day license to use the Residence rent free.”
In Re Sullivan, 200 B.R. 682 (Bankr. D. Nev. 1996).
“Pursuant to NRS 115.020(2)(b) and (c), and the eases interpreting those provisions, when a declaration of homestead is filed the declarant must be residing on the premises with the intent to use and claim the property as a homestead.”
In re Tarkanian, 562 B.R. 424 (Bankr. D. Nev. 2014).
“” Under NRS 115.020, a homestead is claimed by recording a declaration of homestead at any time before an execution sale of the property.”
In re Nilsson, 2013 NV 101 (Nev. 2013).
· cites it 16× “This requirement is governed by NRS 115.020, which provides that "[t]he selection must be made by either the husband or wife, or both of them, or the single person, declaring an intention in writing to claim the property as a homestead.”
Lehner (D. Nev. 2025).
· cites it 4× “69 See Nev. Rev. Stat. § 115.020 (5) (“The rights acquired by declaring a homestead are not 19 extinguished by the conveyance of the underlying property in trust for the benefit of the person .”
In re: Gloyd Green & Gail Holland (9th Cir. BAP 2017).
“” Under NRS 115.020, a homestead is claimed by 11 recording a declaration of homestead at any time before an 12 execution sale of the property.”
In re: Gloyd Green & Gail Holland (9th Cir. BAP 2017).
“” Under NRS 115.020, a homestead is claimed by 11 recording a declaration of homestead at any time before an 12 execution sale of the property.”
Bizzaro v. Half Dental Franchise, LLC (Nev. 2018).
“NRS 115.020(1)- (2). "In Nevada, it is axiomatic there can not be a homestead absent residence, [and] when a declaration of homestead is filed the declarant must be residing on the premises with the intent to use and claim the property as a homestead.”
Green v. Savage (9th Cir. 2009).
“In answering this question, we 5 Nev. Rev. Stat. § 115.020 generally requires that a party seeking to record a homestead must file a written declaration explaining that he or she is a householder; is residing on the premises; and that he or she intends to use the property as a…”
— Nev. Rev. Stat. § 115.020(1) — 3 cases
Van Meter v. Nilsson, 315 P.3d 966 (Nev. 2013).
“This requirement is governed by NRS 115.020, which provides that “[t]he selection must be made by either the husband or wife, or both of them, or the single person, declaring an intention in writing to claim the property as a homestead.”
In re Nilsson, 2013 NV 101 (Nev. 2013).
“This requirement is governed by NRS 115.020, which provides that "[t]he selection must be made by either the husband or wife, or both of them, or the single person, declaring an intention in writing to claim the property as a homestead.”
Bizzaro v. Half Dental Franchise, LLC (Nev. 2018).
“NRS 115.020(1)- (2). "In Nevada, it is axiomatic there can not be a homestead absent residence, [and] when a declaration of homestead is filed the declarant must be residing on the premises with the intent to use and claim the property as a homestead.”
— Nev. Rev. Stat. § 115.020(2) — 3 cases
Van Meter v. Nilsson, 315 P.3d 966 (Nev. 2013).
“This requirement is governed by NRS 115.020, which provides that “[t]he selection must be made by either the husband or wife, or both of them, or the single person, declaring an intention in writing to claim the property as a homestead.”
Aguirre, Jr. v. Elko Cty. Sheriff's Off., 2022 NV 32 (Nev. 2022).
“The court found that the appellant did not substantially comply with the residency requirement of the homestead exemption under NRS 115.020, however, because he made his declarations of homestead while incarcerated.”
In re Nilsson, 2013 NV 101 (Nev. 2013).
“This requirement is governed by NRS 115.020, which provides that "[t]he selection must be made by either the husband or wife, or both of them, or the single person, declaring an intention in writing to claim the property as a homestead.”
— Nev. Rev. Stat. § 115.020(2)(a) — 3 cases
Van Meter v. Nilsson, 315 P.3d 966 (Nev. 2013).
“This requirement is governed by NRS 115.020, which provides that “[t]he selection must be made by either the husband or wife, or both of them, or the single person, declaring an intention in writing to claim the property as a homestead.”
Aguirre, Jr. v. Elko Cty. Sheriff's Off., 2022 NV 32 (Nev. 2022).
“The court found that the appellant did not substantially comply with the residency requirement of the homestead exemption under NRS 115.020, however, because he made his declarations of homestead while incarcerated.”
In re Nilsson, 2013 NV 101 (Nev. 2013).
“This requirement is governed by NRS 115.020, which provides that "[t]he selection must be made by either the husband or wife, or both of them, or the single person, declaring an intention in writing to claim the property as a homestead.”
— Nev. Rev. Stat. § 115.020(2)(b) — 2 cases
Aguirre, Jr. v. Elko Cty. Sheriff's Off., 2022 NV 32 (Nev. 2022).
“The court found that the appellant did not substantially comply with the residency requirement of the homestead exemption under NRS 115.020, however, because he made his declarations of homestead while incarcerated.”
In Re Sullivan, 200 B.R. 682 (Bankr. D. Nev. 1996).
“Pursuant to NRS 115.020(2)(b) and (c), and the eases interpreting those provisions, when a declaration of homestead is filed the declarant must be residing on the premises with the intent to use and claim the property as a homestead.”
— Nev. Rev. Stat. § 115.020(2)(c) — 2 cases
Van Meter v. Nilsson, 315 P.3d 966 (Nev. 2013).
“This requirement is governed by NRS 115.020, which provides that “[t]he selection must be made by either the husband or wife, or both of them, or the single person, declaring an intention in writing to claim the property as a homestead.”
In re Nilsson, 2013 NV 101 (Nev. 2013).
“This requirement is governed by NRS 115.020, which provides that "[t]he selection must be made by either the husband or wife, or both of them, or the single person, declaring an intention in writing to claim the property as a homestead.”
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