Chula Vista, CA asked in Bankruptcy and Consumer Law for Nevada

Q: can I claim car and homestead exemption without filing bk? Bought my home in 2017 but also rent it out for 2 years.

So we bought our home in Vegas in 2017(deed on me n fiance name). We stayed there until we move for a year to San Diego from july2021-july2022(rented out our home). Then moved back home to Vegas for a year after that. Then After a year at home we came back to San Diego from July 2023 (house is rented out) untill now. Now we decided after tenants lease is over in October of this year for our home we will move back and stay in Vegas for good. My question is can I claim the Nevada car and homestead exemption after I come back home without filing bk if I get sue by a creditor? Because I saw somewhere u have to live in Vegas for 2 whole years to claim Nevada exemptions. FYI When we move here to San Diego I did not change my driver license to California because I knew I was goin back home so I still have my Nevada license if that makes any difference. Thanks for your time.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: To claim the Nevada car and homestead exemptions, it's important to establish your residency in Nevada. Since you plan to move back to your home in Las Vegas in October and stay there permanently, you'll likely need to re-establish your Nevada residency.

The general rule for claiming Nevada exemptions is that you need to be a resident for at least 730 days (two years). However, since you have maintained your Nevada driver's license and intended to return to Nevada, these factors might support your claim of continuous residency.

Once you're back in Nevada, you can take steps to solidify your residency, such as updating your voter registration and ensuring your Nevada address is on all official documents. This will help you be in a stronger position to claim the exemptions if needed.

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