Common Law Marriage in Nevada
State-specific overview · Family Law
Nevada does not recognize common law marriage created within the state, but honors common law marriages validly created elsewhere.
How Nevada treats Common Law Marriage
Nevada abolished common law marriage but recognizes marriages legally created in other states, including common law marriages from states that permit them. If a couple established a valid common law marriage in Montana or another recognizing state and later moves to Nevada, Nevada will honor that marriage. Couples cannot create a new common law marriage by cohabiting in Nevada alone.
The general definition of Common Law Marriage
A marriage created by mutual agreement and cohabitation, without a formal ceremony or license.
Common law marriage is a legal marriage that exists without a wedding ceremony or marriage license, based simply on a couple's agreement to be married and their living together as spouses. Not all states recognize it, but those that do treat common law marriages the same as formal ones for purposes of property division, inheritance, and divorce. The couple must meet specific requirements, like living together for a certain period and presenting themselves publicly as married.
Read the full Common Law Marriage entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Nevada.