The Nevada Homestead Exemption

If you file for bankruptcy in Nevada, the homestead exemption allows you to protect up to $605,000 of equity in your home.

Most people want to know whether they can keep valuable property before filing for bankruptcy—especially a home. If you qualify to use the Nevada homestead exemption, you can protect some or all of the equity in your house. In this article, we explain:

  • how much the Nevada homestead exemption will cover, and
  • how to apply it in your bankruptcy case.

For more bankruptcy information, read Filing for Bankruptcy in Nevada. Not only will you find answers, but it includes helpful checklists and a link to an interactive bankruptcy quiz. Or, try the start-to-finish bankruptcy guide, What You Need to Know to File for Bankruptcy.

Homestead Exemptions Available in a Nevada Bankruptcy

In Nevada, you'll use Nevada's state exemptions—the federal bankruptcy exemptions aren't available (some states allow residents to choose between the two sets). However, you can supplement Nevada's state exemptions with the federal nonbankruptcy exemptions.

To help you make an informed choice, we've listed the homestead exemption amount below. We've also included links to the federal and state exemption lists that apply in your case, so you'll have an easier time deciding whether bankruptcy will work for you.

If you're married, remember that spouses can double some exemption amounts, but not all. Find out about other filing considerations for spouses.

Nevada Homestead Exemption

Homestead Exemption amount

$605,000

Can spouses who file a joint bankruptcy double the exemption?

No

Homestead Exemption Law

Nevada Rev. Stat. §§ 21.090(1)(l), 115.005, 115.010, 115.050

Other Information

Amount is subject to change.

Where to find other exemptions.

Nevada Bankruptcy Exemptions

Federal Nonbankruptcy Exemptions

Property Protected by 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.

Timing Your Nevada Bankruptcy

You can file for bankruptcy in Nevada after living there for more than 180 days. However, you must live in Nevada much longer before using Nevada exemptions—at least 730 days before filing, to be exact. Otherwise, you'd use the previous state's exemptions.

But suppose you lived in multiple states during the two years before filing for bankruptcy. In that case, you'd use the exemptions of the state you lived in for most of the 180 days before the two-year period that immediately preceded your filing. (11 U.S.C. § 522(b)(3)(A).) Learn more about filing for bankruptcy after moving to a new state.

Also, to claim the total value of the Nevada homestead exemption, you must have purchased and owned the property for at least 1,215 days before the bankruptcy filing. If you can't meet this requirement, your homestead exemption is limited by federal law to $170,350 (this figure will adjust on April 1, 2022).

Learn more about this requirement, the current amount of the federal cap, and other important exceptions to homestead exemptions.

Claiming the Nevada Bankruptcy Homestead Exemption

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 to claim the homestead exemption. Contact your county recorder for information on how to file a homestead declaration. Your county's website might have the form provided by the Clark County Clerk.

When filing for bankruptcy, you'll list your homestead exemption on Schedule C: The Property You Claim as Exempt when completing your bankruptcy forms. You can find out about other requirements you'll need to meet in Your Home in Chapter 7 or Your Home in Chapter 13.

Finding the Nevada Bankruptcy Homestead Exemption Statute

You'll find Nevada's homestead exemption in the Nevada Rev. Stat. §§ 21.090(1)(l), 115.005, 115.010, 115.050 on the Nevada Law Library website. Still, the best way to protect your assets is by consulting with a local bankruptcy lawyer.

Need More Help?

You might not know this, but Nolo has been making the law easy for DIYers for over fifty years. If you have questions, use the links we've included throughout for more details. Otherwise, you'll find the answers to almost all of your bankruptcy questions at nolo.com/legal-encyclopedia/bankruptcy. You can also learn about finding state laws and doing legal research.

This overview cannot provide all of the information you'll need to file a bankruptcy case. Consider buying a self-help book such as How to File Chapter 7 Bankruptcy by Attorney Cara O'Neill and Albin Renauer J.D for more detailed information.

Updated August 12, 2021

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