When taken together, the two lines of cases basically indicate that any Nevada cohabiting couple may have their property 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 be enforceable, the contract must be entered into voluntarily, have clearly agreed upon terms and conditions and demonstrate the exchange of “consideration”. Clearly agreed upon terms refers to the idea that everyone understands the nature of the deal being made.
Legal Procedure for Marriage Under Article 34 Affidavit of Cohabitation: The couple must prepare and sign a joint affidavit affirming that they have been living together for at least five years and that there are no legal impediments to their marriage. This affidavit must be notarized.
Unmarried couples living together in Nevada have limited legal rights and protections compared to married couples. However, by creating written agreements such as a cohabitation agreement, durable power of attorney for health care, parenting agreement, and will, unmarried couples can protect their rights and interests.
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.
The court calls this community property by analogy. The court will look for an express or implied agreement between the parties to acquire and hold property as if they were married. If this is found then the property will divided as any community property would be divided. Which is evenly under Nevada law.
In Nevada, it does not matter how long a couple may have lived together, what their future intent is or if their friends think they are married.