Written and/or Edited by:
Cassell Von Baeyer, Incline Village
State Bar of Nevada Las Vegas Office
600 E. Charleston Blvd., Las Vegas, NV 89104
Ph: 702-382-2200 or toll-free 1-800-254-2797
Fax: 702-385-2878 or toll-free 1-888-660-6767
Reno Office
9456 Double R Blvd., Suite B, Reno, NV 89521
Ph: 775-329-4100 Fax: 775-329-0522
http://www.nvbar.org
This brochure is a publication of the
State Bar of Nevada
Publications Committee
Contact: Christina Alberts
How do I file a homestead declaration?
A state-approved Homestead Declaration Form can be found on the recorder’s website for the county in which your
property is situated. After the necessary information has been filled in, the person or persons who will sign the home-
stead declaration must sign it in the presence of a Notary Public, who will notarize the signature. A Notary Public can
be found in banks, law offices, real estate offices or title companies. Finally, the notarized Declaration of Homestead
must be filed with the County Recorder in the county in which the property is located. There are small fees for
notarization of documents and for their recording with the County Recorder.
May a homestead be filed for property held by the type of title known as “tenancy
in common?”
Yes. Each tenant in common may declare a homestead covering his or her interest in the property. The homestead
protection is subject to the rights of each co-tenant to enforce partition of the property.
What is the appropriate time to file a homestead declaration?
Because no one can predict when death or sudden incapacity may strike, it is prudent to file a homestead declara-
tion upon purchasing a home and taking title to it, or as soon as possible thereafter. However, a homestead will pro-
tect up to $550,000 of your equity in your home provided that it is recorded with the County Recorder at any time
before proceedings are instituted to cause the forced sale of your home to satisfy a judgment. So, even after a judg-
ment has been entered against you, it is possible to record a homestead declaration.
Suppose I have more than $550,000 in equity in my home. What are the procedures if there
is a judgment against me?
A judge normally will appoint three appraisers who will determine the value of the property, your equity in it and
whether the property can be divided in such a way as to protect your home while paying your judgment creditors. If
such a division proves to be impractical, the property will be sold and you will receive the first $550,000 from the
sale, which cannot be seized to pay the judgment.
Can I prepare a homestead declaration myself?
The declaration itself is a simple, one-page form. If you follow the proper steps, particularly in noting the correct legal
description of the property and having it notarized and recorded, you should have no difficulty. If you feel unsure or
have specific legal problems arising out of a judgment or potential judgment against you, you should consult an attor-
ney.
How do I find an attorney with experience in Homestead matters?
You can contact the State Bar of Nevada’s Lawyer Referral & Information Service at 702-382-0504 (toll-free
in Nevada at 1-800-789-5747)
or look in the yellow pages of your telephone directory. You can also ask friends
and/or relatives if they can recommend a good lawyer. The state bar’s main office (see numbers listed below) can tell
you whether or not an attorney is licensed in Nevada and in good standing
.
FILING A HOMESTEAD DECLARATION -
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This brochure is written and distributed for informational and public service purposes only and is not to be construed as legal advice.
03/2010