If you file for bankruptcy in Nevada, the homestead exemption allows you to protect up to $550,000 of equity in your home. This is one of the most generous homestead exemptions in the country. Read on to learn more about Nevada's homestead exemption.
For information about how the homestead exemption works in both Chapter 7 and Chapter 13 bankruptcy, see The Homestead Exemption in Bankruptcy. For more articles on exemptions, see our Bankruptcy Exemptions area.
The Nevada Homestead Exemption Amount
Under the Nevada exemption system, homeowners may exempt up to $550,000 of their home or other property covered by the homestead exemption.
Doubling for Married Couples
Some states allow married couples who file joint bankruptcy to double their exemptions on property they own jointly. In Nevada, however, married couples cannot double their exemptions -- the homestead exemption is limited to $550,000 total, whether the case is joint or individual.
The Scope of the Nevada Homestead Exemption
In Nevada, the homestead exemption applies to real property, including your home, condominium or any other dwelling in which you live, plus any appurtenances attached to the dwelling and the land on which the dwelling is situated.
Can You Use the Federal Bankruptcy Exemptions in Nevada?
Some states allow bankruptcy filers to use the federal bankruptcy exemptions instead of the state exemptions. Nevada is not one of those states. If you reside in Nevada, you must use the state exemptions.
(To learn more about which state exemptions apply to you, see Which Exemptions Can You Use in Bankruptcy?)
In Nevada, you must file a homestead declaration (a form filed with the county recorder’s office to put on record your right to a homestead exemption) before you file for bankruptcy in order to claim the homestead exemption. Contact your county recorder for information on how to file a homestead declaration. Your county's website may have the form, such as this one provided by the Clark County Clerk.
Finding the Nevada Homestead Exemption Statute
Nevada's homestead exemption is found in the Nevada state statutes at Nev. Rev. Stat. Ann. 115.010. You can find the Nevada state statutes on the website of the Nevada Legislature at http://leg.state.nv.us/. To learn how to find state statutes, check out Nolo’s Laws and Legal Research area.
Periodic Adjustments of Nevada Exemption Amounts
The Nevada legislature periodically adjusts the amount of the homestead exemption, although these adjustments are not at regular intervals. The latest figures can be found in the Nevada statutes at Nev. Rev. Stat. Ann. 115.010.