During a listing appointment in Carson City, a seller tells her agent that she and her husband want to sell the family home, but her husband is traveling abroad and cannot sign the listing agreement or the purchase contract. The agent knows the property is community property. Under Nevada law, what should the agent advise?
Correct Answer
B) The wife can list the property alone, but both spouses must sign the purchase contract and the deed to convey community property.
Under NRS 123.230, both spouses must join in any conveyance or encumbrance of community real property. This means that while a listing agreement may be entered into by one spouse in some circumstances, the actual sale — including the purchase contract and especially the deed transferring title — requires the signature of both spouses. The husband's absence creates a practical problem that may require a power of attorney or other legal arrangement. The agent should advise the seller that both spouses' signatures will be required to complete the transaction.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
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