Kara Sears
Common-law marriage is a legal concept that recognizes a couple as legally married even if they did not obtain a marriage license or have a formal ceremony. While common-law marriages are recognized in a few states, Nevada is not one of them. In Nevada, a couple must go through the formal process of obtaining a marriage license and having a ceremony to be legally married. However, Nevada does recognize domestic partnerships, and its marriage laws do not discriminate based on race or gender. Additionally, if a couple enters into a common-law marriage in a state that recognizes it and then moves to Nevada, their marriage may still be recognized for certain legal purposes, such as property division in a divorce.
| Characteristics | Values |
|---|---|
| Common law marriage recognized | No |
| Common law marriage abolished | 1943 |
| Requirements for legal marriage | Marriage license, ceremony, both parties must be 18 years old, not currently married, and have the capacity to consent |
| Recognition of common law marriages from other states | Yes |
| Division of property in the case of separation | Treated as equally co-owned or owned by proportion to contribution |
| Child custody | Paternity must be established for rights to custody, visitation, and child support |
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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 had a formal wedding ceremony or obtained a marriage license. This means that the state provides the couple with the rights and benefits of being married. Common-law marriage is only recognised in a few US states, and Nevada is not one of them. In Nevada, a couple must go through the formal process of obtaining a marriage license and having a ceremony to be legally married.
In Nevada, living together and presenting oneself as a married couple does not automatically confer legal marital status. Couples seeking legal recognition of their relationship in Nevada need to adhere to the state's formal marriage requirements. However, Nevada has made strides in acknowledging alternative forms of domestic partnerships. Couples in Nevada may explore legal frameworks such as domestic partnerships or cohabitation agreements to establish a legally recognised relationship without undergoing the formalities of a traditional marriage.
A cohabitation agreement is a legal document that establishes the rights and responsibilities of individuals who live together without formalising their relationship through marriage. This type of agreement is particularly relevant in states that do not recognise common-law marriage, like Nevada. It allows couples to define their financial arrangements, property rights, and other important aspects of their partnership.
Although Nevada does not recognise common-law marriage, there are some exceptions. If a couple entered into a common-law marriage in a state that recognises it and then moves to Nevada, their marriage may still be recognised. Additionally, under the putative spouse doctrine, Nevada courts will grant the legal protections of marriage to an unmarried couple if they entered into a marriage ceremony in good faith and did not know of any impediments to their marriage.
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Common-law marriage in Nevada
Despite this, Nevada has made significant strides in acknowledging alternative forms of domestic partnerships. Couples in Nevada can explore alternative legal frameworks, such as domestic partnerships, to establish a recognised relationship. For example, since 1984, the Nevada courts have permitted couples, by agreement, 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.
In the case of a breakup, a couple that is not legally married does not have the same legal rights and protections as a married couple. Property division falls under the jurisdiction of civil court, not family court, and the controlling law will be contract and palimony principles, not community property statutes. However, there are 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.
In 2004, the Nevada Supreme Court, in the case of Williams v. Williams, 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 that there was an impediment to their marriage. For example, if one party was previously married and unbeknownst to the other party, their divorce papers were never officially filed, the putative spouse doctrine would apply.
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Nevada's stance on cohabitation
Nevada does not recognise common-law marriages. This means that couples who live together for a certain period of time will not be recognised as legally married in the eyes of the law. In contrast to some jurisdictions, Nevada requires couples to formalise their unions through a legal marriage ceremony and obtain a marriage license.
Cohabitation refers to when two people live together in a long-term, romantic relationship without being legally married. In Nevada, cohabiting couples are not automatically entitled to the same legal benefits as married couples. For example, cohabiting couples do not have automatic rights to each other's property or inheritance rights.
To protect themselves, cohabiting couples in Nevada can create legal agreements, such as cohabitation agreements. These are contracts between unmarried people who live together that outline each person's rights and responsibilities during and after their cohabiting relationship. They can include financial arrangements, property rights, and other important aspects of their partnership. While cohabitation agreements are not as strong as prenuptial agreements, they can still be enforced in court.
In addition to cohabitation agreements, unmarried couples in Nevada can also execute durable powers of attorney for healthcare, parenting agreements, and wills. They can also register as domestic partners, which provides some legal protections similar to those of married couples.
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Division of property
Although Nevada does not recognise common-law marriages, it does allow couples to 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.
Nevada is a community property state, meaning that each spouse owns 50% of the property assets and debts acquired during the marriage. Upon divorce or legal separation, courts distribute these assets and debts equally between the spouses. However, community property may be divided unequally if the married couple entered a Nevada prenuptial agreement.
In the case of cohabiting couples, any property may be 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. To treat property that is not expressly jointly titled as co-owned, there must be 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 when determining ownership.
In the case of Williams v. Williams, the Nevada Supreme Court adopted the Putative Spouse Doctrine, holding that "fairness and equity favour recognising 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". This means that if a couple enters 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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Child custody
Nevada does not recognise 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, as the state only recognises formal marriages for the purposes of divorce and community property.
In the case of a separation, if a couple had a valid common-law marriage in a state that recognises such unions and then moved to Nevada, the property division in a divorce would typically follow Nevada’s community property laws. This means any property or income acquired during the marriage would generally be divided equally.
When it comes to child custody, in Nevada, whether parents are married to each other or not, a court makes its custody and visitation decisions based on what it determines is in the best interest of the child. Paternity must be established for a mother to establish her right to child support.
Unmarried couples in Nevada do not have the same legal protections as married couples when it comes to child custody. To ensure that both partners have a say in important decisions about their children's lives, unmarried couples can create a parenting agreement. A parenting agreement outlines each partner's responsibilities and expectations for raising their children together, including issues such as custody, visitation, and child support.
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. A couple can enforce a cohabitation agreement in court with a so-called “palimony” suit.
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Frequently asked questions
A 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 ceremony.
No, Nevada does not recognise common-law marriage. However, it does allow couples to create a similar situation in terms of shared property.
If a couple entered into a common-law marriage in a state that recognises it and then moves to Nevada, their marriage will still be recognised for certain legal purposes, such as the division of property in a divorce.
