Unmarried couples who live together in Las Vegas — whether in long-term committed relationships, domestic partnerships, or shared living arrangements — do not automatically receive the property rights and financial protections that Nevada marriage provides. Nevada does not recognize common law marriage (except for relationships established in states that do recognize common law marriage before the couple moved to Nevada), meaning that an unmarried couple who separates after years of shared finances and accumulated property has no automatic community property claim to assets that are held in the other partner’s name. A cohabitation agreement (sometimes called a domestic partnership agreement or living-together agreement) is a written contract between unmarried partners that defines their rights to property acquired during the relationship, establishes financial obligations, and creates enforceable agreements about what happens to shared property if the relationship ends. Hauser Family Law drafts cohabitation agreements for Las Vegas unmarried couples who want to protect themselves and each other with clear legal documentation.
Nevada Contract Law Governing Cohabitation Agreements, Enforceable vs. Unenforceable Provisions, Property Classification During Cohabitation, Palimony Claims Under Nevada Law, Separation Property Division Without Marriage, Joint Real Estate Ownership, and Estate Planning Intersection
Nevada cohabitation agreements are governed by general Nevada contract law — they are enforceable written contracts between competent adults supported by consideration, and Nevada courts have upheld cohabitation agreements that clearly define the parties’ property rights and financial arrangements. The primary limitation on Nevada cohabitation agreements is that they cannot replace divorce law — provisions that attempt to create court-supervised property division rights identical to community property divorce rights are generally treated as contractual matters, not family law matters, which affects the remedies available if one party breaches the agreement. Enforceable cohabitation agreement provisions in Nevada include: ownership of specific property purchased during the relationship (by agreement, this may be joint regardless of which partner paid); financial contributions to joint expenses and how those contributions are credited; ownership of the shared residence if one partner is not on the deed; how property will be divided if the relationship ends; support obligations (if any) during or after separation; and ownership of business interests started during the relationship. Unenforceable provisions: cohabitation agreements that attempt to contract around child support obligations for minor children are not enforceable — Nevada child support is a statutory right of the child that cannot be waived by parental agreement. Palimony claims in Nevada: unlike California (which recognized palimony in Marvin v. Marvin), Nevada has not generally recognized palimony as an independent cause of action for support after an unmarried relationship ends. However, a Nevada unmarried partner who made financial contributions to property held in the other partner’s name may have unjust enrichment or implied contract claims for the value of those contributions when the relationship ends — claims that cohabitation agreements can either formalize or foreclose. Joint real estate ownership: Las Vegas unmarried couples who purchase real estate together should take title as tenants in common (with defined percentage shares) rather than joint tenancy, and their cohabitation agreement should specify how mortgage payments, property taxes, and home improvement costs are credited toward each partner’s ownership share and how the property will be disposed of if the relationship ends. Estate planning intersection: a cohabitation agreement is not a substitute for a Nevada estate plan — without a will, trust, or beneficiary designations, an unmarried partner has no inheritance rights regardless of the length of the relationship or the terms of the cohabitation agreement. Hauser Family Law advises Las Vegas unmarried couples on the combination of cohabitation agreements and estate planning tools that together protect their rights.