115.040 - Mortgage or alienation of homestead property; abandonment of homestead. - Nevada Statutes

115.040  Mortgage or alienation of homestead property; abandonment of homestead.

      1.  A mortgage or alienation of any kind, made for the purpose of securing a loan or indebtedness upon the homestead property, is not valid for any purpose, unless the signature of the husband and wife, when that relationship exists, is obtained to the mortgage or alienation and their signatures are properly acknowledged.

      2.  The homestead property shall not be deemed to be abandoned without a declaration thereof in writing, signed and acknowledged by both husband and wife, or the single person claiming the homestead, and recorded in the same office and in the same manner as the declaration of claim to the homestead is required to be recorded.

      3.  If either spouse is not a resident of this State, the signature of the spouse and the acknowledgment thereof is not necessary to the validity of any mortgage or alienation of the homestead before it becomes the homestead of the debtor.

      [2:72:1865; B § 187; BH § 540; C § 551; RL § 2143; NCL § 3316]—(NRS A 1963, 28; 1971, 576; 1979, 281; 1983, 105; 1985, 14)