This document contains general comments on drafting a cohabitation agreement for couples living together without the benefit of matrimony. It also includes a cohabitation agreement and numerous clauses that may be included in the agreement, such as residency, financial support, out-of-wedlock child, and responsibility for housing costs.
Nevada Cohabitation Agreements
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US-APP1D
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How to fill out Cohabitation Agreements?
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FAQ
Cohabitation agreements are legally binding contracts, provided that they are drafted and executed properly, and are signed as a deed. It is therefore essential to obtain legal advice before preparing an agreement.
Under Nevada law, a domestic partnership is a legally recognized relationship between two people that confers nearly all the same rights and responsibilities under state law as marriage. A domestic partnership is created by registering with the Nevada Secretary of State.
Nevada is a community property state, meaning each spouse in a marriage generally has a 50% interest in all property acquired after getting married. Courts have applied this principle to cohabiting unmarried couples, though the decision hinges on circumstances such as proof of the couple's intent and conduct.
Community Property and Nevada Cohabitation 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.
Marriage in Nevada is a civil contract requiring the consent of each party and a formal ceremony before witnesses known as solemnization. Nevada does not recognize common-law marriages begun after March 29, 1943. Persons who are at least 18 years of age may marry.
Community Property and Nevada Cohabitation 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 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. Nevada does not recognize common law marriage, and a divorce lawyer can't change the law.
Individuals wishing to register as domestic partners under Nevada's law must file a Declaration of Domestic Partnership form. This one-page form must be signed in the presence of a notary public; electronic notarization is acceptable. The $50 registration fee includes a black and white certificate.
