Homestead Law
NRS 115 is the chapter in the Nevada Revised Statutes that concerns the homestead law.
We hope this brief summary of the Nevada Homestead Law will be of assistance to you. If you need a homestead declaration form, you may download one from this Web page.
You will need your parcel number and legal description to complete your Homestead form. If you do not have this information (it is on your recorded deed), you may get it from our online Real Property Records.
We are not permitted to assist in completing any legal document.
If you have any legal questions regarding this document, please consult your attorney.
PROCEDURES FOR RECORDING DECLARATION OF HOMESTEAD
- Complete the Homestead Declaration form. The form must be printed legibly in black ink. Text cannot extend beyond the one-inch margins on all sides of the form.
- Sign in the presence of a Notary Public
- Take the completed document to Washoe County Recorder
- For information regarding recording fees, please contact the Recorder's Office at (775) 328-3661 or visit their website at Washoe County Recorder.
WHAT THE LAW PROVIDES:
When you record a Declaration of Homestead, Nevada law protects a set amount of equity in your home established per NRS 115, from general creditor claims (unpaid medical bills, bankruptcy, charge card debts, business/personal loans, accidents) but would not preclude a seizure or forced sale of your residence from general creditors if your equity exceeds the maximum equity allowed. A creditor may file suit and can record a judgment lien against any real property you own. Recording a Declaration of Homestead protects your principal residence up to the statutory maximum. For example, if the value of your home is $645,000 and you have a first mortgage of $485,000 plus a second mortgage of $10,000, the equity is $150,000.
WHAT IS NOT PROTECTED:
The Homestead law does not protect you against debts secured by a mortgage or deed of trust, payment of taxes, IRS lien, mechanic's lien, child support or alimony payments.