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Section 123.230 – Control of community property

May 14, 2021 | Family Law, Nevada

A spouse may, by written power of attorney, give to the other the complete power to sell, convey or encumber any property held as community property or either spouse, acting alone, may manage and control community property, whether the community property was acquired before, on or after July 1, 1975, with the same power of disposition as the acting spouse has over his or her separate property, except that:

1. Neither spouse may devise or bequeath more than one-half of the community property.
2. Neither spouse may make a gift of community property without the express or implied consent of the other.
3. Neither spouse may sell, convey or encumber the community real property unless both join in the execution of the deed or other instrument by which the real property is sold, conveyed or encumbered, and the deed or other instrument must be acknowledged by both.
4. Neither spouse may purchase or contract to purchase community real property unless both join in the transaction of purchase or in the execution of the contract to purchase.
5. Neither spouse may create a security interest, other than a purchase-money security interest as defined in NRS 104.9103, in, or sell, community household goods, furnishings or appliances unless both join in executing the security agreement or contract of sale, if any.
6. Neither spouse may acquire, purchase, sell, convey or encumber the assets, including real property and goodwill, of a business where both spouses participate in its management without the consent of the other. If only one spouse participates in management, he or she may, in the ordinary course of business, acquire, purchase, sell, convey or encumber the assets, including real property and goodwill, of the business without the consent of the nonparticipating spouse.

NRS 123.230

[6:119:1873; A 1897, 24; 1917, 121 [Ch. 1]; 1919 RL § 2160; NCL § 3360] – (NRS A 1973, 1037 [Ch. 597]; 1975, 560 [Ch. 393]; 1977, 271 [Ch. 137]; 1997, 1596 [Ch. 447]; 1999, 391 [Ch. 104] )
[6:119:1873; A 1897, 24; 1917, 121; 1919 RL § 2160; NCL § 3360] – (NRS A 1973, 1037; 1975, 560; 1977, 271; 1997, 1596; 1999, 391)