Nevada Revised Statutes

Nev. Rev. Stat. § 123.220 (2026)

Community property defined

✓ current as of July 2026
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NRS 123.220  Community property defined.  All property, other than that stated in NRS 123.130, acquired after marriage by either spouse or both spouses, 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; 2017, 763)

     

Notes of Decisions
Cited in 53 cases (5 in the last 5 years), 1970–2024 · leading case: W. States Constr., Inc. v. Michoff, 840 P.2d 1220 (Nev. 1992).
W. States Constr., Inc. v. Michoff, 840 P.2d 1220 (Nev. 1992). · cites it 10× “See NRS 123.220. Yet unmarried couples are not precluded from holding their property as though they were married.”
Cirac v. Lander Cnty., 602 P.2d 1012 (Nev. 1979). · cites it 4× “These affidavits stated the affiant was the owner of property in Lander County and that a second person was his or her spouse and had a "present, existing and equal interest in said property" according to NRS 123.220, 123.225 and that the property is community property.”
Peters v. Peters, 557 P.2d 713 (Nev. 1976). · cites it 3× “, were community property, and (2) in its conclusion of law that the burden of proof was on Esther P.”
Kogod v. Cioffi-Kogod, 439 P.3d 397 (Nev. 2019). · cites it 2× “The district court ended its calculations involving community property on February 26, 2016, when it orally pronounced the parties divorced, so that it could issue a written order following the trial.”
Anderson v. Anderson, 816 P.2d 463 (Nev. 1991). · cites it 10× “The only issue framed by appellant for review by this court was “[d]id the Court make an equitable *572 distribution of the community property of the parties?” Although appellant did contend, briefly, that NRS 123.220 requires a written agreement between husband and wife to…”
Forrest v. Forrest, 668 P.2d 275 (Nev. 1983). · cites it 2× “See NRS 123.220. A valid deed showing that title to property is held in joint tenancy is the clear and certain proof needed to overcome the community property presumption, and such a deed raises the rebuttable presumption that the property is in fact held in joint tenancy (i.”
Harrah v. Comm'r, 70 T.C. 735 (Tax Ct. 1978). · cites it 4× “The rights of spouses in property *100 acquired before and during marriage are set forth by statute in Nevada.”
Grisham v. Grisham, 289 P.3d 230 (Nev. 2012). “2d 1189, 1190 (1983) (accepting appellant’s statement that “a property settlement agreement is required to be in writing” (citing NRS 123.220)), with Anderson v. Anderson, 107 Nev.”
United States v. Real Prop. Located at Incline Vill., 976 F. Supp. 1327 (D. Nev. 1997). · cites it 2× “Nev. Rev. Stat. § 123.220 . While the marriage continues all the respective ownership interests of both spouses in community property are present, existing and equal interests.”
Grappo v. Coventry Fin. Corp., 91 Cal. Daily Op. Serv. 8478 (Cal. Ct. App. 1991). “Appellant argues that under Nevada law the efforts, industry and labor of a married person may continue to inure to the benefit of the community until the marriage is formally dissolved, a decree of separate of maintenance is entered, or it is otherwise provided by an agreement…”
McKissick v. McKissick, 560 P.2d 1366 (Nev. 1977). “NRS 123.220; 123.130. Howard died intestate.”
Verheyden v. Verheyden, 757 P.2d 1328 (Nev. 1988). · cites it 2× “4 We also point out that NRS 123.220(1) requires an agreement in writing between the spouses to transmute community property to the separate property of either spouse.”
— Nev. Rev. Stat. § 123.220(1) — 8 cases
Verheyden v. Verheyden, 757 P.2d 1328 (Nev. 1988). “4 We also point out that NRS 123.220(1) requires an agreement in writing between the spouses to transmute community property to the separate property of either spouse.”
Anderson v. Anderson, 816 P.2d 463 (Nev. 1991). “The only issue framed by appellant for review by this court was “[d]id the Court make an equitable *572 distribution of the community property of the parties?” Although appellant did contend, briefly, that NRS 123.220 requires a written agreement between husband and wife to…”
Lopez v. Lopez, 541 P.3d 117 (Nev. 2023).
Klabacka Vs. Nelson c/w 66772, 2017 NV 24 (Nev. 2017).
Lopez v. Lopez (Nev. 2023).
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