Can a debtor properly claim a homestead exemption for his interest in real property under NRS 21.090(1)([) and NRS Chapter 115 when debtor himself does not reside on the property but his minor children do? Put another way, does a debtor have to actually reside on the property that is the subject of a claimed homestead exemption under NRS 21.090(1)([) and NRS Chapter 115, or is it sufficient that a debtor's minor children reside on the property in order to qualify for the exemption?
The Nevada Supreme Court determined that a debtor must actually reside on the real property to claim the exemption.
In Nevada, "[i]t is axiomatic there can not be a homestead
absent residence[,] ... when a declaration of homestead is filed the declarant must be residing on the premises with the intent to use and claim the property as a homestead." In re Sullivan, 200 B.R. 682, 685
(Bankr. D. Nev. 1996), affd, 163 F.3d 607 (9th Cir. 1998).
The Nevada Supreme Court determined that a debtor must actually reside on the real property to claim the exemption.
absent residence[,] ... when a declaration of homestead is filed the declarant must be residing on the premises with the intent to use and claim the property as a homestead." In re Sullivan, 200 B.R. 682, 685
(Bankr. D. Nev. 1996), affd, 163 F.3d 607 (9th Cir. 1998).
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