In a Sale
What This Means When the House Is Being Sold
Nevada's community property rules mean a surviving spouse's rights to real property are often different, and generally stronger, than an ordinary heir's would be. Depending on how the property was titled and whether it was community or separate property, a surviving spouse may already hold an ownership interest that passed automatically at death, entirely outside probate, or may hold priority to be appointed personal representative over other family members.
Where the surviving spouse and other heirs, such as children from a prior relationship, both have interests in the same property, coordinating those interests and confirming exactly what each person's rights actually are becomes an early and necessary step before any sale can move forward smoothly.
Compare
Not to Be Confused With
- This TermSurviving Spouse
- Often Mistaken ForCommunity Property
- Often Mistaken ForHeir
- Often Mistaken ForRight of Survivorship
What Tells Them Apart
A surviving spouse is a specific person with a legal relationship to the decedent. Community property is a form of ownership that can give that spouse rights independent of probate. Right of survivorship is a different mechanism that can pass a house automatically, and the recorded deed shows which applies. Heir is the broader category of anyone entitled to inherit under state law.
Nevada
In Nevada
Nevada's community property system generally gives a surviving spouse rights to jointly acquired property that differ from an ordinary heir's position.
Questions
Questions People Ask
Does a surviving spouse automatically own the house when the other spouse dies?
It depends on how the property was titled and whether it was community or separate property under Nevada law. Some vestings pass ownership to the surviving spouse automatically, outside probate. Others do not. The recorded deed and an attorney's review together answer this for a specific property.