Gavin Howe
Common-law marriage is a legal concept that recognises a couple as legally married by virtue of cohabitation and shared assets, even if they did not go through a formal marriage ceremony or obtain a marriage license. While common-law marriages are recognised in some US states, the laws differ in Nevada. So, what constitutes common-law marriage in Nevada, and what rights do unmarried couples have in the state?
| Characteristics | Values |
|---|---|
| Common-law marriage recognized | No |
| Legal marriage requirements | Marriage license and ceremony |
| Minimum age for marriage | 18 years |
| Marital status for couples moving from other states | Recognized |
| Cohabitation agreement | Written agreement for unmarried couples |
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What You'll Learn
Common-law marriages in Nevada are not recognised
While Nevada does not recognise common-law marriages, it does allow couples to create a similar situation in terms of shared property. Unmarried couples in Nevada can enter into a written agreement, such as a cohabitation agreement, which outlines the distribution of property and assets in the event of a separation or death. This can help to protect the rights and interests of both partners. Additionally, if a couple entered into a common-law marriage in a state that recognises 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.
It is important to note that unmarried couples in Nevada have limited legal rights and protections compared to married couples. They do not have the same rights in the event of a separation, such as spousal support or the automatic division of property acquired during the relationship. Unmarried couples may also want to consider registering as domestic partners, which provides some legal protections similar to those of married couples, but it is important to understand that this is not equivalent to marriage.
The concept of common-law marriage is a legal concept that recognises a couple as legally married by virtue of them living together and acting as spouses, without the need for a formal ceremony or marriage license. While this concept is recognised in a few states, Nevada is not one of them. In 2004, the Nevada Supreme Court, in the case of Williams v. Williams, specifically affirmed the state's policy of refusing to recognise common-law marriages. Therefore, it is clear that common-law marriages are not recognised in Nevada, and couples must go through the formal process of obtaining a marriage license and having a ceremony to be legally married.
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Legal marriage requirements in Nevada
Nevada does not recognise common-law marriages, regardless of how long a couple has lived together or their future intentions. For a legal marriage in Nevada, a couple must obtain a marriage license and have a ceremony. The state only recognises formal marriages for the purposes of divorce and community property.
To obtain a marriage license in Nevada, you must meet the following requirements:
- You must be at least 18 years old.
- You must provide government-issued identification to prove your name and age.
- You must not be currently married.
- You must not be nearer to kin than second cousins or cousins of half-blood.
If you are a 17-year-old minor and a resident of Clark County, you must obtain a court order from a Nevada District Court Judge. There is no waiting period, and you do not need a blood test. Marriage records in Nevada are public documents and cannot be made confidential or sealed.
In Nevada, marriages between Native Americans consummated in accordance with tribal custom have the same validity as marriages performed in any other manner provided for by the laws of the state. A certificate of any such marriage may be signed by an official of the tribe of which at least one of the parties is a member, an official of the reservation or colony where at least one of the parties reside, or the superintendent of an Indian agency legally established in Nevada by the US.
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Property division in common-law marriage separations
Nevada does not recognize common-law marriages, regardless of how long a couple has lived together or their future intentions. For a legal marriage to occur, the couple must obtain a marriage license and have a ceremony. Therefore, if a couple breaks up, the property division falls under the jurisdiction of civil court, and the controlling law will be contract and palimony principles.
In Nevada, 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. Generally, to treat property that is not expressly jointly titled as co-owned requires clear evidence of the intention to co-own the asset or to pool the couple’s resources so as to treat property acquired as belonging to both parties. In the absence of such evidence, only the actual monetary contributions of each partner might be considered in determining ownership, even if the title to the property is jointly held.
In the case of a couple who believed they were married but were not, due to a legal impediment, the putative spouse doctrine may be invoked. This doctrine holds that "fairness and equity favor recognizing putative spouses when parties enter into a marriage ceremony in good faith and without knowledge that there is a factual or legal impedient to their marriage." In such cases, the property accrued during the putative marriage would be divided as though the couple had been legally married, although alimony is usually not awarded.
In other jurisdictions, such as Ontario, common-law couples do not have the right to the equal division of their family property. Each partner in a common-law relationship is entitled only to what they brought into the relationship or acquired during it. However, if one partner contributed to property owned by the other spouse, they may have a right to part of it and may have to go to court to get back their contribution. Common-law couples can also choose to enter into a domestic contract, such as a cohabitation agreement or separation agreement, that sets out their respective rights to property in the event of a separation.
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Legal rights and protections of unmarried couples
Nevada does not recognize common-law marriages, regardless of how long a couple has lived together or their future intentions. This means that couples who live together for a certain period of time and hold themselves out as married do not automatically gain the legal benefits and protections of marriage.
Unmarried couples who live together in Nevada have limited legal rights and protections compared to married couples. For example, married couples have the right to make medical decisions for each other, inherit from each other, and file joint income tax returns. They also have legal presumptions related to property ownership and child custody. These legal presumptions can be difficult for unmarried couples to establish, particularly if they do not have written agreements in place.
However, there are some legal options available to unmarried couples to protect their rights and interests. Unmarried couples can also register as domestic partners to obtain some legal protections similar to those of married couples. Additionally, unmarried couples living together in Nevada can enter into a written agreement, such as a cohabitation agreement, which outlines the distribution of property and assets in the event of a separation or death. This can include a durable power of attorney for healthcare, a parenting agreement, and a will.
Another way for unmarried couples to protect their property rights is to create a cohabitation agreement. This legal document outlines each person's rights to property, debts, and financial responsibilities while living together, as well as what happens if the relationship ends. It can help avoid misunderstandings or legal battles later on.
Furthermore, in the case of Williams v. Williams, the Nevada Supreme Court adopted the Putative Spouse Doctrine, which grants the legal protections of marriage to an unmarried couple if they entered into a marriage ceremony in good faith and did not know about any impediments to their marriage. This means that if a couple obtains a marriage license and has a wedding, even if they are not legally allowed to marry, the court will still use marital property laws to divide their assets in the event of a split.
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The Putative Spouse Doctrine
Nevada does not recognize common-law marriages. A common-law marriage is generally defined as one where the state provides the couple with the rights and benefits of being married, even though they never obtained a marriage license or had a marriage ceremony.
The purpose of putative marriages is to protect couples who had a good-faith belief that they were legally married and therefore believed that community property laws applied to them. If the couple splits up and discovers the legal impediment that prevented them from being lawfully married, neither party can claim in bad faith that community property state laws are inapplicable.
In the Williams v. Williams case, the Nevada Supreme Court adopted the Putative Spouse Doctrine, holding that "fairness and equity favor recognizing putative spouses when parties enter into a marriage ceremony in good faith and without knowledge that there is a factual or legal impediment to their marriage."
It is important to note that the putative spouse doctrine does not apply to all cases. It specifically applies to void marriages, not voidable marriages. Voidable marriages are marriages that are legal and valid but can be annulled if one spouse was under 18 years old at the time of the wedding without parental consent or if there was a "want of understanding" between the spouses at the time of the marriage. Additionally, the putative spouse doctrine does not allow courts to award spousal support ("alimony") absent a showing of fraud.
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Frequently asked questions
No, Nevada does not recognize common-law marriage. Common-law marriage is a legal concept that recognizes a legal marriage by virtue of people living together and acting as if they were spouses, even if they did not go through a formal ceremony or obtain a marriage license.
Nothing. Common-law marriage is not recognized in Nevada, and a couple must go through the formal process of obtaining a marriage license and having a ceremony to be legally married.
Even in this case, a common-law marriage does not exist in Nevada. The couple would not have the same legal rights and protections as a legally married couple.
There are laws for child custody in Nevada. The Nevada Revised Statutes (NRS) Section 126.036 establishes that “the liberty interest of a parent in the care, custody, and management of the parent’s child is a fundamental right.”
They may be able to claim common-law marriage status for certain legal purposes, such as the division of property in a divorce.
