Nevada community property and buying a home

What counts as community property and what stays separate?

According to the Self-Help Center, “while you are married, all property and debts you and your spouse acquired are presumed to belong equally to both of you.” Its examples of what gets divided in a divorce include houses and mortgages, bank accounts, cars, credit card balances, tax debts, retirement accounts and a business owned by a spouse.

Generally, anything a spouse owned before the marriage is that spouse’s separate property, and so are inheritances, personal injury awards and gifts. The Center adds that there are exceptions and advises asking an attorney when you are unsure.

IRS Publication 555 (revised December 2024) gives the federal view. It lists Nevada among the nine community property states and describes community property as property acquired during marriage while domiciled in such a state, property the spouses agreed to convert from separate to community property, and property that cannot be identified as separate. It describes separate property as property owned before marriage, gifts and inheritances, property bought with separate funds, and the part of a property bought with separate funds when it was bought partly with community funds.

On that last row, Pub. 555 states that in Arizona, California, Nevada, New Mexico and Washington, income from separate property is separate income. In Texas, Idaho, Louisiana and Wisconsin it is community income.

How is the home divided at divorce?

The Self-Help Center says that in a divorce, community property and community debt are equally divided. Nevada is a no-fault state, and at least one spouse must have lived in Nevada for six weeks before filing. Whether a particular home is community or separate, and how a mortgage is shared, depends on the facts, so a couple with a mixed situation should ask an attorney.

On taxes, Pub. 555 states that the equal or unequal division of community property in a divorce or property settlement does not result in a gain or loss. It also says that an absolute divorce decree ends the marital community in all community property states. A later sale of the home is a separate event; see our guide to capital gains on a home sale.

What happens to the home when a spouse dies?

For federal tax, Pub. 555 says that if one spouse dies, the total fair market value of the community property, including the survivor’s half, generally becomes the basis of the entire property, provided at least half of the value is includible in the deceased spouse’s gross estate.

Example. A couple bought a Las Vegas home during their marriage for $300,000 (their basis). When one spouse dies it is worth $500,000. Under the rule in Pub. 555, the basis of the whole home becomes $500,000. If the survivor then sells for $500,000, there is no taxable gain from the sale. Pub. 555’s own example uses $80,000 and $100,000 and gives $50,000 to each half.

Who inherits, and whether the survivor receives the home automatically, depends on how title is held, on any will and on Nevada’s succession statutes. We did not find a readable official source for those rules, so we do not summarize them here. Before closing, ask the escrow or title officer how title will be held and what that means if one spouse dies.

Does it matter if only one spouse is on the loan or the deed?

The sources we could read say property acquired during the marriage is presumed to belong equally to both spouses, which suggests the deed alone does not decide ownership. They do not answer whether both spouses must sign to sell or mortgage a community home. That question is governed by Nevada statutes we could not read, so confirm it with an attorney or title officer before you sign any listing, deed or loan document. Registered domestic partners in Nevada are also treated under community property rules for federal income tax, according to Pub. 555.

Which Nevada statutes apply?

The Legislature publishes the Nevada Revised Statutes online: NRS Chapter 123 (rights of married couples), Chapter 111 (estates in property) and Chapter 125 (divorce). The Legislature’s website refused our automated requests on October 13, 2026, so this page relies on the Nevada courts’ Self-Help Center and the IRS. Read the current statutory text yourself, or ask a Nevada attorney; our page on real estate attorneys in Nevada explains their role.