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)
Notes of Decisions
Cited in
20
cases (
1 in the last 5 years), 1958–2023 · leading case:
United States v. Craft, 535 U.S. 274 (2002).
United States v. Craft, 535 U.S. 274 (2002).
· cites it 2× “2002); Nev. Rev. Stat. Ann. § 123.230 (3) *285 (Supp.”
United States v. Yazell, 382 U.S. 341 (1966).
· cites it 2× “§ 25-214 ; Nev. Rev. Stat. § 123.230 . [25] The Government's argument, if accepted by this Court, would cast doubt, in addition, on state laws preventing wives from conveying realty without the consent of their husbandssee, e.”
Cirac v. Lander Cnty., 602 P.2d 1012 (Nev. 1979).
· cites it 2× “NRS 123.230(3). Determining that we have the power to inquire into the real as distinct from ostensible legislative purpose, we conclude that the allowance of the board's action in the present case complements legislative intent and is, indeed, necessary to extend the…”
Besnilian v. Wilkinson, 25 P.3d 187 (Nev. 2001).
· cites it 4× “NRS 123.230(3) forbids either spouse to convey or encumber real property which is community property unless both spouses participate in the conveyance or encumbrance.”
Waldman v. Maini, 195 P.3d 850 (Nev. 2008).
“2d 754, 754 (1975) (treating life insurance obtained by deduction from husband’s wages as community property without addressing the policy’s nature or character), superseded by statute, NRS 123.230, as recognized in Ennis v. United of Omaha Life Ins.”
English v. Sanchez, 796 P.2d 236 (N.M. 1990).
· cites it 2× “2347 (West 1985); Nev. Rev.Stat. § 123.230 (1987); Tex.Fam.”
Peccole v. Eighth Jud. Dist. Court of the State of Nevada, 899 P.2d 568 (Nev. 1995).
· cites it 2× “Jack Pot Company of their desire to void the contract pursuant to NRS 123.230 on the basis that they had not signed the sales contract and community funds had been used to purchase the property.”
Neumann v. McMillan, 629 P.2d 1214 (Nev. 1981).
· cites it 3× “She seasonably filed an action to quiet title (void the deed of trust) on the basis that the encumbrance upon the community property without her consent violated NRS 123.230. 1 Based upon the following findings of fact, the djstrict court rendered judgment for Mrs.”
Randono v. Turk, 466 P.2d 218 (Nev. 1970).
“230 provides that the husband is to have “the entire management and control of the community property, with the like absolute power of disposition thereof, except as provided in this chapter, as of his own separate estate.” The exceptions are found in NRS 123.”
Byrd v. Lanahan, 783 P.2d 426 (Nev. 1989).
· cites it 2× “Nonetheless, respondent contends that the savings account signature card was invalid because NRS 123.230(2) prohibited Thomas from making a gift of community property without her consent.”
— Nev. Rev. Stat. § 123.230(2) — 2 cases
Byrd v. Lanahan, 783 P.2d 426 (Nev. 1989).
“Nonetheless, respondent contends that the savings account signature card was invalid because NRS 123.230(2) prohibited Thomas from making a gift of community property without her consent.”
— Nev. Rev. Stat. § 123.230(3) — 5 cases
Cirac v. Lander Cnty., 602 P.2d 1012 (Nev. 1979).
“NRS 123.230(3). Determining that we have the power to inquire into the real as distinct from ostensible legislative purpose, we conclude that the allowance of the board's action in the present case complements legislative intent and is, indeed, necessary to extend the…”
Besnilian v. Wilkinson, 25 P.3d 187 (Nev. 2001).
“NRS 123.230(3) forbids either spouse to convey or encumber real property which is community property unless both spouses participate in the conveyance or encumbrance.”
Neumann v. McMillan, 629 P.2d 1214 (Nev. 1981).
“She seasonably filed an action to quiet title (void the deed of trust) on the basis that the encumbrance upon the community property without her consent violated NRS 123.230. 1 Based upon the following findings of fact, the djstrict court rendered judgment for Mrs.”
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