Nevada Community Property Laws for Debt Collectors & Judgment Creditors

🎰 Nevada Community Property: The Creditor’s Overview

Nevada is one of nine community property states — and one of the most unusual for debt collectors. On one hand, Nevada’s community property laws give you powerful tools: the ability to reach marital assets held in either spouse’s name, strong judgment lien rights, and efficient personal property levy procedures. On the other hand, Nevada has one of the most restrictive wage garnishment laws in the country — prohibiting consumer debt garnishment of wages altogether for most debt types.

Understanding this balance is critical. Creditors who rely solely on wage garnishment will fail in Nevada. Creditors who pivot to asset-based collection strategies — leveraging Nevada’s community property rules to identify and levy jointly owned marital assets — will succeed. This guide shows you how.

This guide is written for attorneys, debt collectors, property managers, small business owners, and professional skip tracers pursuing judgment enforcement against married debtors in Nevada’s 17 counties — from the Las Vegas metro to the rural Great Basin.

⚖️ What Counts as Community Property in Nevada?

Under NRS Chapter 123, all property acquired by either spouse during marriage is presumed community property — owned equally (50/50) by both husband and wife. The presumption is rebuttable: the party claiming separate status bears the burden of proof. For creditors, this means you should start with the assumption that marital-era assets are community property.

🏠 Community Property: What’s Included

• 💵Wages, salaries, and all compensation earned by either spouse during the marriage
• 🏠Real property purchased during marriage with community funds
• 🚗Vehicles registered during the marriage (unless titled as separate)
• 📈Investment and brokerage accounts funded with community earnings
• 🏦Bank and savings accounts funded with marital income
• 🏢Business interests started or grown during the marriage using community labor or funds
• 💰Retirement and pension benefits accrued during the marriage
• 🎰Gambling winnings won during marriage — a Nevada-specific consideration (see below)

📅 When Does the Community Begin and End?

Nevada’s community property regime begins on the date of marriage. It ends upon: divorce, legal separation, annulment, or death of either spouse. Unlike Louisiana, physical separation without a court order does not end the community in Nevada — the couple must obtain a formal judicial separation or divorce decree. For creditors, this means debts incurred by a physically separated but not legally divorced spouse may still carry community property liability.

👩‍⚖️ Spousal Liability for Debts in Nevada

NRS 123.050 establishes the core community property liability rule: community property is liable for debts contracted by either spouse during marriage. For a community debt — one incurred for the benefit of the marital community — you can reach all community property regardless of which spouse’s name is on the account or title.

🔴 Community Debts — Full Community at Risk

• 🏠Mortgage obligations and home equity loans on marital real property
• 💳Credit card and consumer debts incurred for household or family expenses
• 🏥Medical bills for either spouse or dependent children during marriage
• 🚗Vehicle loans for cars used by the family
• 💼Business debts from a community-operated enterprise
• 📃Contracts entered by either spouse for community benefit
• 🏨Hotel, rental, and hospitality debts incurred during the marriage

🟢 Separate Debts — Limited Creditor Reach

Debts incurred before marriage, or during marriage for purely personal non-community purposes, are separate debts. Separate debts can only be collected from the debtor’s separate property and from their individual share of community property after partition — the innocent spouse’s separate assets and their half of community property remain shielded from a separate debt.

🔒 Separate Property: What Creditors Cannot Touch

NRS 123.130 defines separate property in Nevada. These assets are off-limits for the other spouse’s creditors and often off-limits for the debtor’s own creditors when the debt is a separate obligation.

🚫 Nevada’s Unique Wage Garnishment Rules

Nevada is one of the most debtor-friendly states in the country when it comes to wage protection. Understanding this before you invest enforcement resources is critical — otherwise you’ll spend time and money on a garnishment that Nevada law simply won’t allow.

🎯 What to Do Instead of Wage Garnishment in Nevada

Because wages are largely untouchable, successful Nevada creditors pivot immediately to asset-based collection strategies. This is where Nevada’s community property rules become your most powerful tool — both spouses’ community assets are reachable for community debts, giving you a wide field of potential levy targets.

For the complete garnishment picture, see our Nevada Wage Garnishment Laws guide and the national Wage Garnishment Laws by State comparison.

🏠 Judgment Liens on Nevada Real Property

Recording a judgment lien on Nevada real estate is one of the most powerful collection tools available when wages are off-limits. Once recorded, the lien clouds title on all non-exempt real property in the county — forcing the debtor to pay your judgment before selling or refinancing. In a community property state, the lien attaches to both spouses’ community real estate interest.

📋 How to Record a Judgment Lien in Nevada

1. 🏛️ Obtain your certified money judgmentGet a certified copy from the clerk of the court where the judgment was entered. For out-of-state judgments, domesticate in Nevada district court first under NRS 17.330.
2. 📋 File with the County RecorderRecord an Abstract of Judgment with the County Recorder in each Nevada county where the debtor owns or may own real property. The lien attaches to all non-exempt real property in that county upon recordation.
3. 🔍 Search all 17 countiesNevada debtors often own property in multiple counties — particularly investment properties, vacation homes, and rural land outside Clark and Washoe counties. Our statewide property search covers all 17 counties.
4. 📬 Serve notice on the debtorNevada requires that the debtor be notified of the lien. Keep proof of service in your enforcement file.
5. 🔄 Renew before the 6-year expirationNevada judgment liens are valid for 6 years. File for renewal before expiration or the lien lapses and you lose priority over subsequent creditors and purchasers.

🏠 Nevada Homestead Exemption

Nevada’s homestead exemption under NRS 115.010 protects up to $605,000 of equity in the debtor’s primary residence from forced sale — one of the highest homestead exemptions in the nation. This significantly limits the ability to force a sale of the debtor’s home. However, the judgment lien still attaches and clouds title, preventing any sale or refinance without satisfying your judgment. The lien is a blocking tool even when forced sale is not immediately viable.

See our complete guide to placing judgment liens on property and our judgment lien guide by state for a full national comparison.

🏦 Bank Account Levies & Personal Property in Nevada

With wages exempt from garnishment, bank account levies and personal property execution become primary collection tools in Nevada. A writ of execution directed at the debtor’s financial institution can freeze and seize funds — including, in many cases, deposited community wage funds.

🔑 Key Rules for Nevada Bank Levies

• 📋Obtain a writ of execution from the court clerk after entry of judgment
• 🏦Direct the writ to the specific financial institution through the county sheriff
• 💵Federally protected deposits (Social Security, SSI, VA benefits) — banks must protect 2 months of direct-deposit federal benefits automatically
• ⚠️Deposited wages: Nevada law is unsettled on whether deposited wages retain their exempt status — but many creditors successfully levy bank accounts containing recent payroll deposits
• 👫Joint accounts: community fund deposits are generally reachable for community debts regardless of which spouse’s name is on the account
• 🔔Expect the debtor to file a claim of exemption within 8 days of the levy — be prepared with documentation

🚗 Vehicle and Personal Property Levy

Nevada allows execution on non-exempt personal property through a writ of execution served by the county sheriff. Community vehicles are reachable for community debts. The debtor has a $15,000 motor vehicle exemption, so net equity above that threshold is reachable. Our vehicle location service identifies current registration, lienholder status, and likely location of all vehicles linked to the debtor or their spouse.

🛡️ Nevada Property Exemptions: What You Cannot Take

Nevada’s exemption scheme is notably more generous than most states — particularly for wages and homestead equity. Understanding this framework prevents wasted enforcement efforts.

For a full national comparison, see Property Exemptions by State and Exempt vs. Non-Exempt Assets by State.

🎰 Gambling Winnings & Gaming Assets in Nevada

Nevada’s identity as the gambling capital of the United States creates a unique community property consideration that creditors and skip tracers must understand. Gambling winnings, casino chips, gaming accounts, and casino-related income all carry community property implications in Nevada that don’t exist in any other state.

💰 Are Gambling Winnings Community Property in Nevada?

Yes — gambling winnings earned during marriage using community funds (like a spouse’s paycheck taken to a casino) are generally treated as community property in Nevada. The analysis turns on the source of the funds used to gamble. Community funds used to gamble produce community winnings. Separate funds used to gamble produce separate winnings.

🎲 Casino Markers: A Special Nevada Collection Situation

Nevada casino markers are essentially lines of credit extended by casinos. When a casino marker goes unpaid, the casino can file a criminal complaint under NRS 205.130 (bad check statute) — a significant leverage tool unique to Nevada. For civil creditors, unpaid casino markers are treated like any other debt. If the debtor used community funds to establish the marker, the debt may be a community obligation enforceable against community assets.

Our skip tracers regularly locate debtors who have fled Nevada gambling debts by relocating to other states — we can find them and help you domesticate the judgment wherever they’ve moved. See our domestication guide for the process.

🔍 Skip Tracing Married Debtors in Nevada

Nevada presents distinct skip tracing challenges. The Las Vegas and Reno metros have high population turnover — people move in and out constantly, and many residents maintain addresses in multiple states simultaneously. Rural Nevada is vast and sparsely populated. And Nevada’s transient economy creates a population that’s skilled at staying off the grid.

🎯 What We Locate for Nevada Creditors

🌆 Las Vegas & Reno: High-Turnover Skip Tracing Challenges

Clark County (Las Vegas) has one of the highest residential turnover rates in the country. Debtors move frequently — sometimes monthly — and maintain overlapping addresses. Standard database coverage often lags weeks or months behind actual moves. Our investigators use real-time verification methods and Nevada-specific sources including Clark County Assessor records, Nevada SOS filings, and gaming employee registrations to stay ahead of mobile debtors.

We cover Reno skip tracing and the entire Las Vegas metro and rural Nevada with the same 24-hour turnaround. Learn more in our Complete Guide to Skip Tracing.

📋 Step-by-Step: Collecting from a Married Nevada Debtor

Here is a practical enforcement roadmap for Nevada judgment creditors. Because wage garnishment is largely unavailable, every step focuses on identifying and levying community assets — the core of any successful Nevada collection strategy.

1. 🔍 Confirm marital status and identify the spouseConfirm whether the debtor is currently married and identify the spouse. In Nevada, the community continues until formal dissolution — physical separation is not enough. Use our marital status investigation service to confirm and identify the non-debtor spouse.
2. ⚖️ Confirm your judgment involves a community debtReview the underlying transaction. Was it incurred during the marriage for a community purpose? If yes, all community property is reachable — including assets in the non-debtor spouse’s name.
3. 🏠 Run a comprehensive Nevada asset searchIdentify all real property, vehicles, bank accounts, and business interests linked to either spouse across all 17 Nevada counties. With wages exempt, these assets are your primary collection targets. Use our professional asset search service.
4. 📋 Record judgment lien on real propertyFile an Abstract of Judgment with the County Recorder in each Nevada county where either spouse owns real estate. This clouds title on all non-exempt real property. Investment properties and commercial real estate are especially valuable targets — no homestead protection applies.
5. 🏦 Levy bank accounts via writ of executionObtain a writ of execution and direct it to known financial institutions. Target accounts likely to hold community wage deposits and business proceeds. See our asset levy guide.
6. 🚗 Levy vehicles and personal propertyFor vehicles with equity above $15,000, coordinate with the county sheriff to execute on community vehicles. Business equipment and inventory may also be reachable if the debtor operates a community business. Use our vehicle location service.
7. 🏢 Target business interestsIf the debtor holds LLC or business interests funded with community resources, pursue a charging order under NRS 86.401 or direct execution on business assets. See our charging orders guide.
8. 📋 Schedule debtor examinationUnder Nevada Rules of Civil Procedure, compel the debtor to appear and disclose all assets, income sources, and financial accounts under oath. See our debtor examination guide for the questions to ask.

For the complete strategic framework, see our Judgment Collection Strategy Playbook and our Nevada Judgment Collection guide.

❓ Frequently Asked Questions

🔗 Related Nevada & Community Property Resources

📍 Nevada-Specific Guides

⚖️ Other Community Property States

🔍 Enforcement & Collection Guides