Kara Sears
Common-law marriage is a legal concept that recognises a couple as legally married by virtue of them living together and acting as spouses, even without a formal ceremony or marriage license. While it is not recognised in every U.S. state, Nevada has previously recognised common-law marriages, although this has changed in recent years. As of 1st July 2021, Nevada no longer recognises common-law marriages, meaning couples must obtain a marriage license and have a ceremony to be legally married. However, Nevada does allow couples to create cohabitation agreements, which are similar to prenuptial agreements and outline the obligations and rights of each party while living together.
| Characteristics | Values |
|---|---|
| Common-law marriage recognized? | No, abolished in 1943. |
| Cohabitation agreements | Yes, similar to prenuptials but for unmarried couples. |
| Division of property | Yes, in certain circumstances. |
| Division of assets | Yes, in certain circumstances. |
| Division of property in other states | Yes, Nevada may recognize agreements made in other states. |
| Divorce | No, a couple must be legally married to get a divorce. |
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What You'll Learn
Common-law marriage history in Nevada
The concept of common-law marriage dates back to the medieval ages, when people were more concerned with actions than legal documentation. It was prevalent in rural areas, where people lived far from legal authorities. While it is not recognized in every U.S. state, those that do recognize it have specific requirements that must be met. For example, most states require that a couple must have lived together for a specific period, usually seven years, and conducted themselves as a married couple would.
Nevada previously recognized common-law marriages if the couple had lived together for two years or more and demonstrated the intention to be married. However, this changed, and as of July 1, 2021, Nevada no longer recognizes common-law marriage. Despite this, if a couple in a recognized common-law marriage from another state moves to Nevada, their marriage will still be recognized. Additionally, Nevada allows couples to create a similar situation in terms of shared property. Couples can enter into cohabitation agreements, which are contracts between unmarried people living together that outline the obligations and rights of each party, including how assets will be distributed in the event of a break-up. These agreements can be enforced in court through a "palimony" suit.
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Nevada cohabitation agreements
In the state of Nevada, common-law marriages are not recognized. However, the state does have laws in place that acknowledge and provide rights to unmarried couples who live together, often referred to as "cohabitation agreements." These laws are designed to offer some of the same protections and benefits afforded to married couples to those who choose to live together without formalizing their relationship through marriage. Here's an overview of Nevada cohabitation agreements and what they entail:
The specifics of a Nevada cohabitation agreement can vary depending on the couple's needs and preferences. Generally, these agreements may cover areas such as property ownership, financial responsibilities, child custody and support (if the couple has children together), healthcare decisions, and end-of-life planning. By putting these agreements in writing, couples can avoid potential disputes and have a clear understanding of their rights and obligations.
To establish a valid cohabitation agreement in Nevada, several requirements must be met. Firstly, both parties must be at least 18 years old and mentally competent to consent to the agreement. The couple must live together in a relationship that is analogous to that of a married couple, demonstrating mutual support and commitment. Additionally, the agreement should be in writing and signed by both parties, preferably with the guidance of legal professionals to ensure its enforceability.
It's important to note that Nevada cohabitation agreements are not the same as common-law marriage, which Nevada does not recognize. Common-law marriage allows an unmarried couple who lives together for a certain period and holds themselves out as married to be considered legally married. However, Nevada law does not provide this option. Instead, cohabitation agreements offer a way for couples to define their relationship and protect their rights without entering into a traditional marriage.
If you're considering a Nevada cohabitation agreement, it's advisable to seek legal assistance to ensure your agreement is comprehensive, enforceable, and tailored to your unique circumstances. An experienced family law attorney can guide you through the process, address any specific concerns you may have, and help protect your rights and interests. Understanding the legal implications of these agreements is crucial to making informed decisions about your relationship and future.
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Division of property in a common-law marriage separation
Nevada does not recognize common-law marriages. However, if a couple with a common-law marriage from a state that recognizes it moves to Nevada, their marriage will be recognized for certain legal purposes, such as the division of property in a divorce.
In Nevada, a legal marriage requires that a couple be at least 18 years old, not currently married, and obtain a marriage license from the County Clerk's office and have a formal ceremony with a licensed officiant.
Cohabitation agreements, also known as living together agreements, are legal agreements between unmarried couples that stipulate the obligations and rights of each party while living together. These agreements outline how assets will be distributed in the event of a separation and can be useful for couples who are not married but are living together as if they are.
For married couples, Nevada is a community property state, meaning that all income earned and property acquired by either spouse during the marriage is community property and belongs to both spouses equally. This includes income, debts, cars, homes, stocks, or other assets purchased or earned during the marriage. Community property is generally split equally in a divorce, but there may be an unequal distribution in certain cases, such as when there is a valid prenuptial agreement.
Separate property refers to assets owned by one spouse before the marriage or acquired during the marriage as a gift, bequest, devise, inheritance, or personal injury award. Rental income and any increase in the value of separate property also belong to that spouse. Separate property can become community property through "commingling," where separate and community property are mixed, or when separate property is used to maintain or improve community property.
In summary, while Nevada does not recognize common-law marriages, it does allow for cohabitation agreements that can outline the distribution of assets in the event of a separation. For legally married couples, Nevada's community property laws govern the division of assets, with community property generally being split equally and separate property belonging to each spouse.
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Nevada's Putative Spouse Doctrine
A putative marriage is a marriage that is legally invalid due to a technical impediment, such as a pre-existing marriage, but is considered valid by at least one of the partners who entered into it in good faith. In other words, a putative spouse believes themselves to be married and is given legal rights as a result of this good-faith belief. This doctrine is particularly applied in matters of divorce or inheritance.
The putative spouse doctrine applies only to void marriages and not to voidable marriages. Voidable marriages are marriages that are legal and valid but can be annulled if, for example, a spouse was under 18 at the time of the wedding and did not have parental consent, or if there was a "want of understanding" between the spouses at the time of the marriage.
In the case of Williams v. Williams (2004), the Supreme Court of Nevada adopted the putative spouse doctrine in annulment proceedings for the purposes of property division. However, the court rejected the doctrine as a basis for awarding spousal support, as Nevada's annulment statutes do not provide for spousal support after an annulment.
It is important to note that Nevada does not recognize common-law marriages. Therefore, even if a couple believes in good faith that they are in a common-law marriage, Nevada's putative spouse doctrine will not apply to them after their relationship ends.
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Common-law marriage requirements
Common-law marriage is a legal concept that recognises a legal marriage based on cohabitation and behaviour, even if the couple did not obtain a marriage license or have a ceremony. While it is not recognised in every U.S. state, those that do have their own specific requirements. For example, most states require that a couple must have lived together for a specific period, usually seven years, and conducted themselves as a married couple would.
Nevada does not recognise common-law marriages, and this has been the case since 1943. However, there are some exceptions to this rule. If a couple entered into a common-law marriage in a state that recognises it and then moves to Nevada, their marriage will be recognised for certain legal purposes, such as the division of property in a divorce. Nevada also permits couples to create a similar situation in terms of shared property. For example, since 1984, Nevada courts have allowed 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.
Nevada cohabitation agreements, also known as living together agreements, are legal agreements between unmarried couples that stipulate the obligations and rights of each party while living together. They are similar to prenuptial agreements and can outline how assets will be distributed in the event of a separation, respective roles and responsibilities, and who will be liable for living expenses. These agreements can be enforced in court with a "palimony" suit.
To be legally married in Nevada, a couple must go through the formal process of obtaining a marriage license and having a ceremony. Both parties must be at least 18 years old (with some exceptions for those 16 or older with parental permission) and not currently married. Each person must have the capacity to consent to the marriage, and they must obtain a marriage license from the County Clerk's office and have a formal ceremony with a licensed officiant.
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Frequently asked questions
Common-law marriage is an arrangement where two people live together and carry out marital obligations without getting a legal marriage certificate.
No, Nevada does not recognize common-law marriage. However, if a couple entered into a common-law marriage in a state that recognizes it and then moves to Nevada, their marriage may be recognized for certain legal purposes, such as the division of property in a divorce.
Unmarried couples in Nevada can opt for living together agreements, also known as cohabitation agreements. These are legal agreements that stipulate the obligations and rights of each party while living together, including how assets will be distributed in the event of a separation.
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