Legal Rights of Unmarried Couples Living Together in Nevada

In the State of Nevada, unmarried couples who live together do not have the same legal rights and protections as married couples or domestic partners. The state does not recognize common-law marriage, but an unmarried couple can take specific steps to protect their rights and interests. A cohabitation agreement can protect both parties in the event they decide to end their relationship.

Legal Rights of Couples Under State Law

Unmarried couples who live together often have misconceptions about what legal rights and protections they have. Unlike some other states, Nevada does not recognize common-law marriage, which provides certain rights to couples who live together and meet specific requirements. Generally, the state provides only three ways for a couple to gain legal rights and protections:

1. Marriage as provided in state law
2. Domestic partnership as provided in state law
3. A cohabitation agreement

An unmarried couple may also establish property rights by acquiring specific assets or property in a recognized form of joint ownership or through other specific contractual agreements.

Legal Rights of Couples in Marriages and Domestic Partnerships

Couples who marry or form a domestic partnership in compliance with Nevada law acquire specific rights and protections, which include:

• Community property rights
• Alimony/spousal support
• Specific child custody and child support rights and obligations
• Inclusion on available health, dental, and other insurance plans and access to available parental leave, bereavement leave, and sick leave
• The right to visit a spouse or partner in the hospital
• The right to participate in medical decision-making and receive information about the spouse’s or partner’s medical condition
• The right to inherit from under the laws of intestate succession in the absence of a will
• The right to file a lawsuit for wrongful death
• The right not to testify against a spouse or partner in state court

There are some limits on the rights of domestic partners as compared to married spouses. A major difference between marriage and domestic partnership is the legal process for terminating the relationship. Ending a marriage requires divorce. Termination of a domestic partnership is accomplished through a different process provided in state law.

Limitations on the Legal Rights of Unmarried Couples

Unmarried couples who live together do not have the legal rights listed above for married couples and domestic partners, which is especially important if an unmarried couple decides to separate and terminate their relationship. The couple may enter into a cohabitation agreement that provides for some of those rights, including community property division, financial support, matters involving children, and making medical decisions. It is essential for unmarried couples to understand their rights and options and take steps proactively to protect their legal interests.

A cohabitation agreement is a contract, which can be enforced by a court to the extent it is legally valid. The agreement may address some specific legal protections for unmarried couples, such as division of property in the event of termination of the relationship. The right to inherit under state law cannot be affected by a cohabitation agreement, but the parties may create estate plans to leave property to each other and provide for other reciprocal rights. Similarly, the right to jointly file taxes (which married spouses have but domestic partners do not) cannot be provided by a cohabitation agreement.

While a written cohabitation agreement is not required, putting the agreement in writing and signing it is the best way to establish legal rights. It is possible for a court to find the existence of a cohabitation agreement from the conduct and communication of the parties, but it is often challenging to prove the existence and terms of a verbal cohabitation agreement. For an unmarried couple living together, talking with an experienced family law attorney is the most sensible approach to exploring creation of a cohabitation agreement. A lawyer can draft a written agreement that covers all the concerns of both parties and also ensure that the contract is fully legal under Nevada law.

A couple may enter into a cohabitation agreement at any time before or after they move in together. The agreement may include a wide range of terms on topics that concern the parties. Typically, a cohabitation agreement addresses property ownership and division, financial support following the end of the relationship, and matters relating to children, as well as other topics.  Having a written contract, especially one executed after consulting with a lawyer, can prevent stressful and costly misunderstandings and disagreements in the event the couple decides to end the relationship and go their separate ways.

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