Kara Sears
Common-law marriage is a legal concept that recognises a couple as legally married even if they have not obtained a marriage license or had a formal ceremony. In the United States, only 11 states currently recognise common-law marriages, and Nevada is not one of them. While Nevada does not permit the creation of common-law marriages within the state, it does recognise common-law marriages that were established in other states and will generally allow couples to create similar arrangements in terms of shared property.
| Characteristics | Values |
|---|---|
| Common law marriage recognized | No |
| Common law marriage performed in another state recognized | Yes |
| Division of property in the case of separation | Treated as equally co-owned or owned by proportion to contribution |
| Jurisdiction in the case of separation | Civil court |
| Controlling law in the case of separation | Contract and palimony principles |
| Legal marriage requirements | Marriage license and ceremony |
| Minimum age requirement | 18 years |
| Marital status if under 18 | Unmarried |
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What You'll Learn
Common law marriage defined
Common-law marriage is a legal concept that recognises a couple as legally married even though they never obtained a marriage license or had a formal wedding ceremony. The state provides the couple with the rights and benefits of being married. Common-law marriage is only recognised in a few states, and Nevada is not one of them. It was abolished in Nevada in 1943. However, a common-law marriage created in one state will generally be recognised in Nevada.
In Nevada, a couple must obtain a marriage license and have a ceremony to be legally married. The couple must be at least 18 years old and not currently married. They must understand the nature and consequences of the marriage contract and have a formal ceremony with a licensed officiant.
Nevada is a community property state, meaning that all income and property accumulated during a marriage belong equally to both spouses. When a legally married couple divorces, the court will divide their assets, including real estate, automobiles, furniture, savings, and retirement accounts.
Although Nevada does not recognise common-law marriage, it allows couples to create a similar situation regarding shared property. For example, unmarried cohabiting couples may have their property treated as equally co-owned, regardless of whether it is jointly titled. This requires clear evidence of the intention to co-own assets or pool resources. Nevada courts may also grant legal protections of marriage to an unmarried couple under the putative spouse doctrine if they entered into a marriage ceremony in good faith without knowing of any impediments to their marriage.
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Nevada's stance on common law marriage
Nevada does not recognize common-law marriages, regardless of how long a couple has lived together or their future intentions. This means that a couple must go through the formal process of obtaining a marriage license and having a ceremony to be legally married. Common-law marriage was abolished in Nevada in 1943.
However, Nevada does allow couples to deliberately create a similar situation in terms of shared property. Since 1984, Nevada courts have permitted couples to apply community property law to their acquired property "by analogy," allowing community property laws to apply to the property acquired by unmarried (usually cohabiting) couples. This means that any Nevada cohabiting couple may have their property treated as equally co-owned, or owned by proportion to contribution, regardless of whether it is titled in the name of one party or both parties.
Nevada is a community property state, which means that all income a legally married couple earned and all property they accumulated during their marriage belongs equally to both of them. When they divorce, the court will divide it between them. This includes real estate, automobiles, furniture, savings accounts, retirement accounts, pension funds, and even the family pet.
Additionally, if a couple entered into a common-law marriage in a state that recognizes it and then moves to Nevada, they may be able to claim common-law marriage status for certain legal purposes, such as the division of property in a divorce.
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Property division in common law marriage separation
Common-law marriages are not recognized in Nevada. However, the state does allow couples to create a similar situation in terms of shared property. Nevada is a community property state, which means that all income and property accumulated during a marriage belong equally to both spouses. When a married couple divorces, the court will divide the property between them. This includes real estate, automobiles, furniture, savings accounts, retirement accounts, pension funds, and even the family pet.
In the case of a common-law relationship, the couple does not have the right to an equal division of property. Each partner is entitled only to what they brought into the relationship or acquired during it. If one partner purchased a boat, car, or other vehicle and put only their name on the title, that vehicle belongs exclusively to that person. However, if the couple chooses to enter into a cohabitation agreement, they can set out their respective rights to property in the event of a separation.
In Nevada, unmarried cohabiting couples may have their property treated as equally co-owned or owned by proportion to contribution, regardless of whether it is titled in the name of one party or both parties. This requires clear evidence of the intention to co-own the asset or to pool their resources so that property acquired is treated as belonging to both parties.
In some cases, Nevada courts have applied the putative spouse doctrine, which grants legal protections of marriage to an unmarried couple if they entered into a marriage ceremony in good faith and did not know of any impediment to their marriage. In these cases, community property law would control the division of assets accumulated during the putative marriage.
It is important to note that property division for unmarried couples in Nevada falls under the jurisdiction of civil court, not family court. Consulting a lawyer can help individuals understand their rights and navigate the complexities of property division in common-law relationships.
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Nevada's community property laws
Nevada does not recognize common-law marriages, regardless of how long a couple has lived together or their future intentions. However, it does allow couples to create similar arrangements regarding shared property. Since 1984, Nevada courts have allowed unmarried couples to apply community property law to their acquired property "by analogy," giving both parties equal rights to the property. This can be a complex process, and legal advice is often needed to clarify the situation.
Nevada is a community property state, which means that all income and property acquired by a legally married couple during their marriage are considered equally owned by both spouses. This includes real estate, vehicles, businesses, savings and pension accounts, and even the family pet. During the marriage, either spouse can sell, spend, or give away community property, but there are some restrictions. For example, neither spouse can bequeath more than half of the community property in their will, and neither can give away community property as a gift or sell real estate without the other's consent. Additionally, both spouses must be involved when purchasing community real estate.
In the case of divorce, community property is typically divided equally between the spouses, while separate property remains with the original spouse. Debts incurred before marriage are not the responsibility of the other spouse or the community. However, debts acquired during the marriage are considered community debts, and both spouses are equally responsible for them.
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The putative spouse doctrine
In Nevada, there is no common-law marriage. However, the state does recognize the concept of a "putative spouse." This doctrine provides some legal protections to individuals who entered into a marriage in good faith, even if the marriage is not legally valid.
This doctrine is designed to protect the innocent spouse and ensure they are not unfairly penalized for the other spouse's fraud or mistake. To invoke this doctrine, the spouse claiming putative spouse status must show that they believed in good faith that the marriage was valid and that this belief was reasonable under the circumstances.
If the court finds that the putative spouse doctrine applies, the spouse may be entitled to certain legal rights and protections, such as property division, spousal support, and even inheritance rights, as if they were legally married. This is to ensure that the innocent spouse is not left vulnerable or disadvantaged due to a marriage that was entered into in good faith.
It's important to note that the putative spouse doctrine is not a way to legitimize a common-law marriage in Nevada. Instead, it is a way to provide some legal recognition and protection to individuals who entered into a marriage that is not legally valid. The doctrine may apply to different types of invalid marriages, including those that were not properly solemnized or those that violate certain legal requirements, as long as one spouse entered into the marriage in good faith.
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Frequently asked questions
No, common-law marriage is not recognized in Nevada. A couple must obtain a marriage license and have a ceremony to be considered legally married in the state.
Even if a couple has been cohabiting and presenting themselves as married, this does not create a common-law marriage in Nevada. The state only recognizes formal marriages when it comes to divorce and community property laws.
Yes, there are a couple of exceptions. Firstly, if a couple entered into a common-law marriage in a state that recognizes it and then moves to Nevada, they may be able to claim common-law marriage status for certain legal purposes, such as property division in a divorce. Secondly, while not exactly common-law marriage, Nevada courts have, since 1984, permitted couples to apply community property law to their acquired property by agreement, allowing these laws to apply to property acquired by unmarried cohabiting couples.
