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Nevada Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Civil Litigation for Nevada on
Q: What kind of lawyer do I need? Me and my girlfriend broke up and we own the house and property and 2 cars Together?

And it's payed off. The problem is that she went mannic and left to another state and cheated on me wreck 2 of the 3 cars and I'm on the title of all of it and insurance and on the title of the cars say and instead of or. So I'm in very bad situation. It's in nevada. Please help

T. Augustus Claus
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answered on Jan 24, 2024

In Nevada, given the complex situation involving jointly owned property, vehicles, and a breakup with your girlfriend, you may need the expertise of an attorney specializing in both Real Estate Law and Civil Litigation. A real estate attorney can assist you in navigating the legal aspects related... View More

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Estate Planning for Nevada on
Q: The POA for my aunt , quit claimed her Deed and now my aunt doesn't own her house. She is 85 and I need to know how?

The guy that said he would help my aunt with her trust, was heard talking to the guy he quitclaimed the deed to. The guy said he would pay him 100k and 3 weeks later the house is recorded as that other guy's and my aunt didn't approve this. They sold it for 300k less then it's worth.... View More

Anthony M. Avery
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answered on Jan 15, 2024

Aunt must hire a competent NV attorney to file suit to set aside the transfer. If there is a trust, then the trustee may still have legal title if he did not convey. Attorney In Fact must also be sued for breach of fiduciary duty. Ejectment action may be needed in addition to a Quiet Title,... View More

3 Answers | Asked in Real Estate Law for Nevada on
Q: If I fired my attorney, why is he taking me to court to fire him there? really confused
T. Augustus Claus
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answered on Oct 5, 2023

When you decide to terminate your relationship with your attorney, the process should ideally be smooth. However, in some instances, an attorney may choose to file a motion to withdraw from the case in court. This is a procedural step that lawyers sometimes take to formally and officially end their... View More

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3 Answers | Asked in Real Estate Law for Nevada on
Q: If I fired my attorney, why is he taking me to court to fire him there? really confused
John Michael Frick
John Michael Frick
answered on Oct 5, 2023

Once an attorney enters an appearance in a court proceeding on behalf of a party, the attorney remains that party’s attorney of record until the court grants their motion to withdraw. A client firing an attorney is usually good grounds for withdrawal if the client is mentally competent, not... View More

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1 Answer | Asked in Real Estate Law for Nevada on
Q: Hi, My 60 unit apt building in Las Vegas has several liens.

Based on my research, per Nevada law, I believe these liens are now expired since all of them are older than 6 months. Is that correct?

If yes, how do I get the county recorder to remove these liens? Is there a form on the law.justia.com website that I can purchase, which will... View More

T. Augustus Claus
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answered on Oct 4, 2023

In Nevada, the duration of a mechanic's lien (often the type affecting real property after work has been done) is typically 6 months from the date of recording. If no action is taken by the lienholder within this time frame, the lien can expire. However, there are other types of liens with... View More

2 Answers | Asked in Consumer Law, Contracts, Real Estate Law and Landlord - Tenant for Nevada on
Q: If a storage unit fire was caused by someone "unsupervised or unattended", (possibly living illegally in unit), am I

able to sue for gross negligence? My household insurance is certainly inadequate. Thank you.

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answered on Oct 4, 2023

In Nevada, if a fire in a storage unit was caused by someone's negligent or reckless behavior, especially if they were living in the unit against the facility's policies, you may have grounds to pursue a claim for damages. Typically, the liability can fall on the person who caused the... View More

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2 Answers | Asked in Consumer Law, Contracts, Real Estate Law and Landlord - Tenant for Nevada on
Q: If a storage unit fire was caused by someone "unsupervised or unattended", (possibly living illegally in unit), am I

able to sue for gross negligence? My household insurance is certainly inadequate. Thank you.

John Michael Frick
John Michael Frick
answered on Sep 13, 2023

Yes, you can possibly sue the person who caused the fire for negligence or gross negligence. Gross negligence is somewhat harder to prove but could give rise to punitive damages if you sustained bodily injuries from the fire.

There are strategic reasons why you might not choose to sue...
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1 Answer | Asked in Probate, Estate Planning, Landlord - Tenant and Real Estate Law for Nevada on
Q: In Nevada under NRS statues my mom owns property .Has dementia for 5 yrs no will .when she dies what paper do I file?

Her and boyfriend are joint tenants on her other property both on deed. The other property is in my mom's name only and is paid in full and I live in the house .I have to file paperwork when she dies .What paperwork should I have ready in the State of Nevada?

Jonathan Craig Reed
Jonathan Craig Reed
answered on Aug 22, 2023

If your mother dies before her boyfriend, he will end up owning the property they hold in joint tenancy. If you are an only child and your mother dies without a will you will have to probate the house solely in her name but you will get it unless creditors have a claim. Even if she had willed the... View More

Q: I need help with document research and findings. The records sre not in my tribes court, archives, planning, and housing

I know the documents exist. But also have family that dislike me that have worked in those departments as administrators. I am being mislead and homeless. My tribe has took my home, have not helped me with any type of shelter nor resources. This is concerning my home, my grandmother has purchased... View More

James L. Arrasmith
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answered on Aug 5, 2023

I understand that this is an extremely difficult and stressful situation for you. You have certain rights to access documents and records. Consider contacting a legal aid organization or an attorney who has experience in tribal law and property rights, who can guide you through the proper legal... View More

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Nevada on
Q: condo bylaws state board member can.be removed by majority vote of present board members.Doesthis superceed nrs116.31036
T. Augustus Claus
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answered on Jul 27, 2023

In Nevada, the laws governing condominiums are outlined in the Nevada Revised Statutes (NRS) Chapter 116. It's essential to understand that condominium bylaws and NRS Chapter 116 work together, and neither typically supersedes the other completely.

When it comes to removing a board...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Nevada on
Q: Hello I have a tenant who says he is buying my property, I am trying to evict himI fear he ay fraudulently lein

convey property, I a in process of evicting him .. Can I file a lis pendes on y property so he can not do convey nor place lien on y property

John Michael Frick
John Michael Frick
answered on Jun 14, 2023

A notice of lis pendens does not preclude another person from placing a lien (fraudulent or not) on a parcel of real estate.

If your name is on the deed as the owner of the property, a notice of lis pendens would serve no purpose for you.

In fact, if the tenant were to sue you to...
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1 Answer | Asked in Family Law, Real Estate Law, Probate and Estate Planning for Nevada on
Q: I'm only child father passed away June 2022 he was unmarried has property in Nevada who has control over the house?

Relatives are living there rent free because of health issues. I want to store my dad's belongings there and they are telling me there is no room. I've heard my uncle is going to try and get it. What can I do or where do I start? There is no will. Do I have any authority at all? Please help

Delwyn E. Webber
Delwyn E. Webber
answered on Jan 3, 2023

Firstly, sorry for your loss.

Based upon what you have said, the house and dad's other assets will become yours as an only child, however the assets will most likely have to go through probate to become yours. You should consult with an attorney soon regarding opening a probate action...
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1 Answer | Asked in Real Estate Law, Probate and Estate Planning for Nevada on
Q: Dad passed away in June 2022 has property in Carson city nv unmarried and I am only child. Had no will. Who has control

Aunt and uncle live there rent free because of health issues. I've heard my uncle wants to take it over. Where do I Start?

Any advise would be appreciated.

Anthony M. Avery
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answered on Jan 1, 2023

You probably own it as the sole heir. Hire an attorney to search the title, determine heirship, and possibly evict the relatives. If only a tenant in common, then partition may be in order.

1 Answer | Asked in Family Law, Divorce and Real Estate Law for Nevada on
Q: My ex wife purchased a house while we were still married. I was once told that I am entitled to part of the house.

Since NV is a common law state am I entitled to part of the house/equity? Even if a quick claim deed was signed?

If so how do we claim this?

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Oct 26, 2022

Nevada does not recognize common law, but is a community property state. This means that anything that is acquired during the marriage, debts, properties and/or assets are subject to equitable division upon a divorce. Thus the house that was purchased during the marriage would have been subject... View More

1 Answer | Asked in Real Estate Law for Nevada on
Q: My mom is in a month to month, lease to own contract for a property in Nevada.

She missed a couple payments during the pandemic, while protected. Her landlord is saying that she broke the lease and is now going to increase her terms, based on current market value. She will evict her if she doesn’t comply. Is this legal?

T. Augustus Claus
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answered on Jan 24, 2024

In a month-to-month lease-to-own contract in Nevada, if your mom missed payments during the pandemic when tenant protections may have been in place, her landlord claiming a lease breach and threatening eviction based on increased terms may raise legal questions. The legality depends on the specific... View More

1 Answer | Asked in Real Estate Law for Nevada on
Q: Does this guy have any case?

I have a recording of an oral agreement that I am allowed to stay in this house rent free only paying utilities until I can leave which I agreed would be in the fall. A couple months later the guy comes back and says I've been staying here rent free, and not paying anything or doing anything... View More

Anthony M. Avery
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answered on Jan 8, 2024

Yes as your alleged agreement violates the statute of frauds.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Nevada on
Q: Can I be kicked out in just a few days from where I live ? I have been here 10 months.

The owner and I had a oral agreement to work in exchange for my stay here. But I'm being told that I need to leave in 2 days time. The property is going to be leased to someone that wants us to leave. But don't they have to give us more notice then this????,

Anthony M. Avery
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answered on Dec 11, 2023

Obviously you are a month to month renter. You have possession so the owner will have to sue and serve you to recover possession. Telling you to leave means nothing.

1 Answer | Asked in Real Estate Law for Nevada on
Q: Need to add adult son to his Dads Deed as tenants in common. Can this be done with Quit claim ?

Home has no mortgage.

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answered on Dec 8, 2023

Hire a NV attorney to determine title and draft that Deed. Tell him what you want and explore the various estates besides TIC.

1 Answer | Asked in Real Estate Law for Nevada on
Q: My boyfriend and i have property and a manufactured home in both our names as JTWROS. What are my rights?

He purchased home and property in 2020. I was NOT on deed or title to home until August 2022. We both lived in the house on the property since December of 2022, until one month ago. We are not together. I want the $77,000 i put into having the house put on the property. I paid for a large... View More

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answered on Nov 28, 2023

A Sale For Partition Action might help if there is significant equity in the property. Otherwise you wait until he wants to sell and then collect. Have a NV attorney search the title and confirm the latter options.

1 Answer | Asked in Real Estate Law for Nevada on
Q: I would like to know if an afadavit of beneficiary is real or complete bull I have a picture of it

I have a picture of it. Just want to make sure before I call the person out on it the alleged property is in Tennessee.

Anthony M. Avery
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answered on Jul 27, 2023

I am not certain what your affidavit is, but if it is not recorded in the County where the land lies, it has no effect. Hire a TN attorney to search the title and advise if a quiet title, ejectment, action, etc. is needed.

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