Legal Question in Real Estate Law in Nevada
I placed a homestead on my home is 1999, prior to my marriage. Is it necessary to change the name on my homestead?
1 Answer from Attorneys
Generally speaking, it is not. The relevant Nevada statute - NRS 115.020 provides in part: "The 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."
Now if you have added your wife as an owner on the property's deed, it would be prudent to refile your homestead, so that HER ownership interest is also fully protected. You do not want to leave open a chance to argue that a judgment against her might be executed against the jointly owned property because the homestead predated her interest and she never perfected the exemption in her name. Heck, it only costs a few bucks, the forms are free online, and they are so simple to fill in a child can do it. There is no good reason NOT to refile, as a newly-recorded one will simply supersede the current one and you both are fully protected.