NRS
115.040 Mortgage or alienation of homestead property; abandonment of
homestead.
1. A mortgage or alienation of any kind,
made for the purpose of securing a loan or indebtedness upon the homestead
property, is not valid for any purpose, unless the signature of both spouses,
when that relationship exists, is obtained to the mortgage or alienation and
their signatures are properly acknowledged.
2. The homestead property shall not be
deemed to be abandoned without a declaration thereof in writing, signed and
acknowledged by both spouses, or the single person claiming the homestead, and
recorded in the same office and in the same manner as the declaration of claim
to the homestead is required to be recorded.
3. If either spouse is not a resident of
this State, the signature of the spouse and the acknowledgment thereof is not
necessary to the validity of any mortgage or alienation of the homestead before
it becomes the homestead of the debtor.
[2:72:1865; B § 187; BH § 540; C § 551; RL § 2143;
NCL § 3316]—(NRS A 1963,
28; 1971,
576; 1979,
281; 1983,
105; 1985,
14; 2017,
783)
Notes of Decisions
Cited in
2
cases (
1 in the last 5 years), 1996–2022 · leading case:
In Re Sullivan, 200 B.R. 682 (Bankr. D. Nev. 1996).
In Re Sullivan, 200 B.R. 682 (Bankr. D. Nev. 1996).
· cites it 4× “Neither does the statute create an irrebuttable presumption precluding the introduction of evidence to *685 establish that a debtor has in fact abandoned a prior homestead by making a permanent move to an alternate residence because one must reside on the premises declared to be…”
Aguirre, Jr. v. Elko Cty. Sheriff's Off., 2022 NV 32 (Nev. 2022).
· cites it 2× “See NRS 115.040(2) ("The homestead property shall not be deemed to be abandoned without a declaration thereof in writing, signed and acknowledged by both spouses, or the single person claiming the homestead, and recorded in the same office and in the same manner as the…”
— Nev. Rev. Stat. § 115.040(2) — 2 cases
In Re Sullivan, 200 B.R. 682 (Bankr. D. Nev. 1996).
“Neither does the statute create an irrebuttable presumption precluding the introduction of evidence to *685 establish that a debtor has in fact abandoned a prior homestead by making a permanent move to an alternate residence because one must reside on the premises declared to be…”
Aguirre, Jr. v. Elko Cty. Sheriff's Off., 2022 NV 32 (Nev. 2022).
“See NRS 115.040(2) ("The homestead property shall not be deemed to be abandoned without a declaration thereof in writing, signed and acknowledged by both spouses, or the single person claiming the homestead, and recorded in the same office and in the same manner as the…”
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treatment. Dots show Syfertize treatment of the citing case itself.