Grace and Henry are unmarried domestic partners who purchase a rental property in Clark County. The deed names both Grace and Henry as grantees but does not specify the type of tenancy or any shares. Grace contributed 70% of the down payment and claims she should own 70%. Henry claims they are equal owners. Under Nevada law, which party is most likely correct, and what type of ownership do they hold?
Correct Answer
A) Henry is correct; they hold as tenants in common with each owning an equal undivided 50% interest.
Under NRS 111.060 and Nevada's common law property rules, when two or more persons acquire title to real property without specifying the type of tenancy or their respective shares, the law presumes a tenancy in common with equal shares. Because Grace and Henry are unmarried (community property law does not apply), and the deed does not specify unequal shares or joint tenancy language, they are tenants in common with equal 50% interests. Henry's position is correct. If Grace wanted to reflect her 70% contribution, the deed should have expressly stated 'Grace, an undivided 70% interest, and Henry, an undivided 30% interest, as tenants in common.'
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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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