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Common Law Marriage Nevada

Common Law Marriage Nevada

Quick Guide to Common-Law Marriage in Nevada

Common-Law Marriage: Nevada

Common-law marriage laws in NV allowed the type of marriage prior to March 29, 1943, according to NRS 122.010.

Nevada law on marriage is no longer recognized by the state. Until recently, the court would not even consider property division settlements or other settlements often heard by a court for recognized divorce and marriage requirements.

Now, common-law marriage laws still forbid the type of marriage, but a court may now recognize the marriage within a divorce or settlement procedure in certain circumstances.

Marriage Requirements in Nevada

Marriage requirements in the state according to NRS 122.020 and NRS 122.025 state that marriages with the following type of factors:

• Both parties must be at least 18 years old(unless parties 16 or older have met marriage requirements and obtained parental permission) and not nearer of kin than second cousins of the half-blood

• May not have a husband or wife living in or out of state, regardless if there are common-law marriage laws in another state or not

• Parties must be of the opposite sex

• In some circumstances, the state and district court may disregard certain marriage requirements and let parties under the age of 16 marry if it will serve the best interests of the party

As you can see, marriage requirements disallow many types of marriage, but common-law marriage laws will be recognized in certain circumstances. Cases in which a common-law marriage in Nevada will be recognized are described in the section below.

Determining the Validity of Common-Law Marriages in Nevada

Although there are few laws addressing common-law marriages in Nevada compared to laws for marriage requirements, a court may also consider the validity of the marriage upon two conditions:

The man and woman have signed power of attorney papers while in the relationship, and the marriage was contracted in a state and district that recognized such a union according to their common-law marriage laws.

In order to validate the common-law marriage in Nevada, the court will consider several factors in certain cases like a divorce or separation proceeding. The court will usually consider the following aspects of the common-law marriage in Nevada:

• The two parties actually cohabitated in an out of state jurisdiction

• The of state jurisdiction had established common-law marriage laws and requirements

• The date of actually declaring the specific type of marriage can be established by the court

• If no common-law marriage laws exist within the other jurisdiction, the court must determine if there were any power of attorney documents signed prior to the cohabitation

If two couples want the state of Nevada to recognize their common-law marriage laws in an out of state jurisdiction, the two couples are usually advised to sign a power of attorney documents before declaring the common-law marriage in Nevada.

Two couples will normally establish a durable power of attorney and medical power of attorney with help of a qualified legal professional to try and have a common-law marriage in Nevada stand.

If couples in recognized common-law marriages come to an agreement about the division of property along with other marriage requirements in a future separation in an out of state jurisdiction, the state of Nevada may recognize such agreements.

If you are unsure the state will consider the marriage requirements, you should speak with an attorney to help determine if the case may be arguable in court.

Common Law Marriage Nevada: The Ins and Outs of Unmarried Living Arrangements

What is common law marriage? Does it exist in Nevada? These questions can spark discussion, confusions and perhaps even a debate, especially for those interested in engaging in an unmarried living arrangement. In this article, we will explore the concept of common law marriage, its history, and whether or not it is applicable in the state of Nevada.

What is Common Law Marriage?

Common law marriage is an arrangement where two people live together and carry out marital obligations without getting a legal marriage certificate. It is not specific to any particular state but rather is a recognition in some court jurisdictions.

The concept of common law marriage dates back to the medieval ages where people were more focused on what they saw in actions instead of legal documentation. The practice was common within rural areas where people lived far from legal authorities, leading to the prevalence of common law marriages.

While it is not recognized in every U.S. state, those that do recognize it have specific requirements that must be met. For instance, 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, on the other hand, has previously recognized common law marriages, although this has since changed.

Common Law Marriage in Nevada

As of July 1, 2021, Nevada no longer recognizes common law marriage. Previously, common law marriages were recognized if the couple had lived together for two years or more and have demonstrated the intention to be married. However, with the signing of Senate Bill 29, Nevada abolished the acceptance of common law marriages.

The abolishment of common law marriage in Nevada has significant implications for unmarried couples living together. Without the legal recognition that marriage offers, unmarried couples may encounter certain challenges if the relationship ends. For instance, they might not be able to get spousal support or claim inheritance.

Living Together Agreements

With the cessation of Nevada’s recognition of common law marriages, unmarried couples can instead opt for living together agreements. Living together agreements, also known as cohabitation agreements, are legal agreements between unmarried couples that stipulate the obligations and rights of each party while living together.

Living together agreements function like prenuptials, except they are for couples who are not married but rather living together as if they are. They outline how assets will be distributed in case the relationship ends, respective roles and responsibilities, and who will be liable for living expenses such as rent, water, and electricity.

Drafting a legal living together agreement is relatively easy. Both parties should consider the assets and debts they brought to the relationship, any assets acquired during the living arrangement, and how they want these assets to be distributed in the event of a separation. They should also consider outlining the desired relationship dynamics, such as who is responsible for cooking, cleaning, paying bills, and household maintenance.

While not a legal marriage, a living together agreement is a legally binding contract. As long as the documents are sound and fair, any court can uphold them in the event of a separation.

The Implications of Domestic Partnerships in Nevada

Nevada recognizes domestic partnerships that are available to all people, regardless of gender or sexual orientation. A domestic partnership has no religious significance but allows individuals to experience many of the legal benefits and protections that married couples are afforded.

Currently, Nevada extends several rights to domestic partners, including spousal support. The partners also have inheritance rights and can make medical and end-of-life decisions on behalf of each other.

To qualify for domestic partnership in Nevada, both individuals need to meet the following requirements:

– They are not related by blood
– Both individuals are at least 18 years old and capable of consent
– They are not in an existing marriage or domestic partnership
– They have been living together and in a committed relationship for at least six months
– They are jointly responsible for the cost of their basic living expenses.

Once they qualify, they can obtain a domestic partnership certificate at the Secretary of State’s office. The certificate is only valid for one year, and the individuals must renew the certificate annually by paying a renewal fee.


Common law marriages are arrangements where couples live together and act like a married couple without getting a marriage certificate. Nevada used to recognize these arrangements, but the state has since abolished the recognition through Senate Bill 29. However, couples who live together can still obtain legal recognition through a living together agreement or a domestic partnership.

It is essential to consider living arrangements carefully and seek legal advice before committing to a relationship that may result in asset sharing or payments. In today’s society, the concept of marriage has evolved, and living arrangements should reflect this evolution with the use of living together agreements or domestic partnerships, whether couples opt for a more formal arrangement or not.