Kara Sears
Common-law marriage is a type of marriage wherein the state recognizes a couple as legally married even though they never obtained a marriage license or had a formal wedding ceremony. In the US, only 11 states currently recognize common-law marriages, and Nevada is not one of them. In Nevada, the only way to be legally considered married is to obtain a marriage license and have a marriage ceremony. This law has been in place since 1943. However, Nevada does allow couples to create similar situations in terms of shared property, and the state's courts have permitted couples to apply community property law to their acquired property by agreement.
| Characteristics | Values |
|---|---|
| Common-law marriage recognized? | No |
| Requirements for a legal marriage | A marriage license and a marriage ceremony |
| Divorce jurisdiction | Civil court |
| Property division jurisdiction | Civil court |
| Property division basis | Contract and palimony principles |
| Community property law application | Only for legally married couples |
| Common-law marriage recognition in other states | Yes |
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What You'll Learn
Common-law marriages in Nevada are not recognised
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 partners. 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. However, community property law does not apply when an unmarried but cohabiting couple separates.
Couples who do not wish to marry can consider alternatives such as domestic partnerships or cohabitation agreements. A Nevada cohabitation agreement is a contract between unmarried people who live together. It lays out terms such as how assets are to be divided in the event of a break-up. Partners can agree to most rights in a contract, except inheritance. However, they will need to make their wishes clear.
Since 1984, Nevada courts have allowed couples to apply community property law to their acquired property by agreement, 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 or both partners.
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A marriage license is required for a legal marriage
Nevada does not recognize common-law marriages. The state only considers a couple legally married if they have a marriage license and have a ceremony. This has been the case since March 29, 1943.
A marriage license can be obtained from a Marriage License Bureau. Both parties must be at least 18 or have parental consent if they are 16 or 17. They cannot be closely related to each other. To obtain the license, they must provide valid identification, such as a driver's license or passport, and pay a fee.
Once the couple has obtained the license, they must have a legal marriage ceremony performed by someone authorized to do so, such as a priest, rabbi, minister, or justice of the peace. After the ceremony, the person who performed it must file the marriage certificate with the county to make it official.
If a couple does not have a marriage license and a ceremony, they will be considered unmarried in Nevada, even if they have lived together for a long time or consider themselves married. In this case, if they separate, property division will fall under the jurisdiction of civil court, not family court. The controlling law will be contract and palimony principles, not community property statutes.
However, there is one exception to this. If a couple entered into a common-law marriage in a state that recognizes it, such as Colorado or Texas, and then moved to Nevada, their marriage might still be recognized by the state due to the legal principle of "full faith and credit."
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A ceremony is also necessary to be legally married
In Nevada, a ceremony is necessary to be legally married. The state does not recognize common-law marriages, regardless of how long a couple has lived together, their future intentions, or whether they consider themselves married.
To be legally married in Nevada, a couple must obtain a marriage license and have a marriage ceremony. This ceremony can be performed by someone authorized to do so, such as a priest, rabbi, minister, or justice of the peace. Once the ceremony is completed, the person who performed it must file the marriage certificate with the county to make it official.
The Nevada Supreme Court has adopted the Putative Spouse Doctrine, which states that "fairness and equity favor recognizing putative spouses when parties enter into a marriage ceremony in good faith and without knowledge of any factual or legal impediment to their marriage." This means that if a couple genuinely did not realize there was a legal issue preventing them from being lawfully married, the court will still use marital property laws to divide their assets in the event of a divorce.
Nevada is a community property state, which means that all income and property accumulated during the marriage belong equally to both spouses. When a legally married couple divorces, the court will divide the property between them, including real estate, automobiles, furniture, savings, and even the family pet.
While Nevada does not recognize common-law marriages, it does allow couples to create similar situations in terms of shared property. Unmarried couples can enter into cohabitation agreements or domestic partnerships, which provide some of the rights of marriage, such as the right to visit and make medical decisions for each other, and the right to own assets as community property. However, these agreements do not confer all the rights and benefits of a legal marriage.
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Nevada courts may grant legal protections of marriage to unmarried couples
Nevada does not recognize common-law marriages. The only way to be legally considered married in Nevada is to obtain a marriage license and have a marriage ceremony. However, Nevada courts may grant legal protections of marriage to unmarried couples under the Putative Spouse Doctrine. This doctrine was adopted by the Nevada Supreme Court in 2004 in the case of Williams v. Williams. It states 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."
The Putative Spouse Doctrine applies when a couple has obtained a marriage license and reasonably attempted to enter into a solemn marriage relationship but was unable to do so due to a legal impediment, such as the failure to dissolve a prior marriage. In these cases, the court will treat the property accrued during the putative marriage as community property and divide it equally between the spouses. However, alimony is generally not awarded in these cases unless there is a showing of fraud.
Nevada also allows couples to create cohabitation agreements, which are contracts between unmarried people who live together. These agreements can outline how assets will be divided in the event of a break-up and can be enforced in court through a "palimony" suit. Additionally, since 1984, Nevada courts have permitted couples to apply community property law to their acquired property by agreement, allowing unmarried (usually cohabiting) couples to treat their property as jointly owned.
It is important to note that while Nevada does not recognize common-law marriages within the state, it may recognize a common-law marriage established in another state that does, such as Colorado or Texas. This is due to the legal principle of "full faith and credit," which requires states to recognize legal relationships formed in other states.
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Common-law marriages in other states may be recognised in Nevada
Common-law marriages are not recognised in Nevada. However, if a couple had a valid common-law marriage in another state and then moved to Nevada, that marriage may be recognised. This is because of a legal principle called "full faith and credit", which requires states to recognise legal relationships, like marriages, formed in other states.
For a legal marriage to occur in Nevada, a couple must obtain a marriage license and have a ceremony, as the state only recognises formal marriages for the purposes of divorce and community property. Nevada is a community property state, which means all income a legally married couple earned, and all property they accumulated during the course of their marriage, belongs equally to them both. When they divorce, the court will divide it between them.
In Nevada, it does not matter how long a couple has lived together, what their future intentions are, or if their friends think they are married. Common-law marriage was abolished in the state in 1943.
However, there are some exceptions to the general rule that common-law marriage is not recognised in Nevada. If a couple was legally married in a state that recognises common-law marriage and then moves to Nevada, their marriage will still be recognised. 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.
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Frequently asked questions
No, Nevada does not recognise common-law marriages. The only way to be legally considered married in Nevada is to obtain a marriage license and have a marriage ceremony.
Your common-law marriage might still be recognised by the state of Nevada. This is because of a legal principle called "full faith and credit", which generally requires states to identify legal relationships, like marriages, formed in other states.
Common-law marriage is generally defined as a marriage 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.
