Nevada
Common Law Marriage in Nevada: Is It Recognized? (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 3 primary sources cited on this page. How we verify our legal content
Nevada does not allow new common law marriages to be formed. NRS 122.010 abolished the creation of new common law marriages effective March 29, 1943. Marriages formed in Nevada before that date remain valid, and Nevada recognizes valid common law marriages formed in other states.
Information last verified on June 2, 2026.
Jurisdiction scope: This article addresses Nevada law on common law marriage under NRS 122.010 and related case law. It does not constitute legal advice. For a state-by-state comparison, see Common Law Marriage by State.
Does Nevada Recognize Common Law Marriage?
Nevada does not allow couples to form a new common law marriage within its borders. The Nevada Legislature codified this prohibition in NRS 122.010, which provides that consent alone will not constitute marriage and that consent must be followed by solemnization as authorized and provided by NRS Chapter 122. The marriage license itself comes from a separate section: NRS 122.040(1) states that before persons may be joined in marriage, a license must be obtained from the county clerk. No informal or common law marriage entered into in Nevada on or after March 29, 1943, carries any legal effect under Nevada law.
The 1943 cutoff date means Nevada ended common law marriage formation more than 80 years ago. This change was part of a broader mid-20th-century movement among states to require marriage licenses as the exclusive path to marital status, primarily to create clear public records of marriage for inheritance, benefits, and tax purposes.
Despite this long-standing prohibition, Nevada residents frequently encounter questions about common law marriage because the state is a popular relocation destination. Couples who formed a valid common law marriage in another state before moving to Nevada will find that Nevada courts and agencies recognize that marriage. The abolition under NRS 122.010 applies only to the formation of new common law marriages within Nevada; it does not strip legal status from a marriage validly created elsewhere.
The History of Common Law Marriage Abolition in Nevada
Prior to March 29, 1943, Nevada courts recognized common law marriages formed within the state under the traditional common law requirements: legal capacity of both parties, a present mutual agreement to be married, cohabitation as husband and wife, and public acknowledgment of the marital relationship. Couples who satisfied those elements before the cutoff date acquired a valid marriage with all attendant legal rights, including inheritance, spousal privilege, and community property rights.
The Nevada Legislature enacted the statutory marriage requirement to create certainty in official records. NRS 122.010 now provides that consent alone will not constitute marriage and that it must be followed by solemnization as authorized and provided by NRS Chapter 122, while NRS 122.040(1) separately requires the couple to obtain a marriage license from a county clerk. The statute has remained in force without significant amendment since 1943, confirming the legislature's consistent intent that Nevada not be a common law marriage formation state.
For the rare individual who believes they may have a pre-1943 Nevada common law marriage in their family history, the same proof standards that applied before abolition remain relevant. A court would look to whether the parties had legal capacity, entered a present agreement to be married, cohabited, and were publicly acknowledged as a married couple before March 29, 1943.
Does Nevada Recognize a Common Law Marriage From Another State?
Yes. Nevada recognizes a valid common law marriage formed in another state, provided the marriage met the requirements of that state at the time it was created. This recognition flows from Nevada's general conflicts-of-law rule that a marriage valid where it was celebrated is valid everywhere. That place-of-celebration principle is a matter of state conflicts law and interstate comity rather than a constitutional command.
Several states continue to allow new common law marriages to be formed as of 2026: Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas (which calls the relationship an informal marriage under Tex. Fam. Code 2.401), Utah (by judicial declaration), and the District of Columbia. A couple that established a valid common law marriage in any of those jurisdictions and later moved to Nevada carries a recognized legal marriage into Nevada.
This matters for Nevada in several practical ways. Nevada is a community property state under NRS 123.220. A valid marriage, whether ceremonially solemnized or formed by common law in another state, governs the couple's property rights if they later divorce or one spouse dies in Nevada. It also affects eligibility for spousal benefits, hospital visitation rights, and inheritance under NRS Chapter 134.
If you moved to Nevada after forming a valid common law marriage in another state, that marriage does not need to be re-certified or registered in Nevada. Nevada courts and state agencies treat it as a valid marriage from the date it was formed in the originating state.
How to Prove an Out-of-State Common Law Marriage in Nevada
Because a common law marriage is formed without a license or ceremony, proving it in Nevada requires evidence that the couple met the formation requirements of the state where the marriage was created. Nevada courts apply the law of the state of formation to determine whether the marriage was valid.
Evidence commonly considered in such proceedings includes:
- Joint federal and state income tax returns filed with the couple listed as married
- Joint bank, investment, or credit accounts held in both names
- Deeds, leases, or loan documents identifying the parties as spouses
- Health insurance or life insurance policies naming the other person as a spouse
- Affidavits from family members, friends, coworkers, or clergy who knew the couple as married
- Correspondence, social media posts, or public statements in which the parties referred to each other as husband and wife
- Records from the state of formation, such as an informal marriage declaration signed on the form prescribed by Tex. Fam. Code 2.402 and recorded by a Texas county clerk under Tex. Fam. Code 2.404
The burden of proof in a contested proceeding is typically preponderance of the evidence, though courts may apply a heightened standard in inheritance disputes depending on the procedural context. Whether you are asserting or contesting the marriage, get a free case evaluation from a Nevada family lawyer weighing the evidence against the formation state's requirements (attorney advertising).
How a Common Law Marriage Ends in Nevada
A valid common law marriage, whether formed in Nevada before March 29, 1943, or formed in another state and recognized in Nevada, ends only through formal divorce or the death of a spouse. Separation, ceasing to cohabit, or announcing that the relationship is over does not dissolve a marriage.
If a couple with a recognized common law marriage wishes to end their relationship in Nevada, they must file for divorce in a Nevada district court under NRS Chapter 125, just as any formally married couple would. Nevada is a no-fault divorce state, and a spouse may seek divorce on grounds of incompatibility under NRS 125.010(3) without showing fault.
The 7-year myth: No state in the United States has ever required seven years of cohabitation to form a common law marriage, and no state dissolves a marriage automatically after seven years of separation. This figure circulates widely but has no basis in the law of any jurisdiction, including Nevada. A Nevada common law marriage formed before 1943 is not automatically dissolved by any passage of time. It requires a divorce decree or death to terminate.
Nevada Community Property and Common Law Marriage
Nevada is one of nine community property states under NRS 123.220. For couples with a recognized common law marriage who later separate or divorce in Nevada, or for the surviving spouse when a partner dies in Nevada, the community property framework applies to their assets and debts.
Under NRS 123.220, all property acquired during a marriage through the labor, skill, or efforts of either spouse is presumed community property owned equally by both. This applies regardless of which spouse's name appears on the title or account. If a court or agency recognizes the couple's common law marriage as valid, the community property rules govern the division of assets and debts just as they would for a ceremonial marriage.
Inheritance rights also follow the marital status. Under NRS 134.040, a surviving spouse is entitled to inherit the deceased spouse's share of community property and may also take an intestate share of the separate property if there is no will. A surviving spouse who establishes a valid common law marriage, whether formed in Nevada before 1943 or in another state and recognized in Nevada, stands in the same legal position as a surviving spouse from a licensed marriage.
Legal disclaimer: This page provides general legal information about Nevada common law marriage law. It is not legal advice and does not create an attorney-client relationship. Common law marriage issues are fact-specific and can affect significant rights, including property, inheritance, and benefits. Consult a licensed Nevada family law attorney for advice on your particular situation. Information verified as of June 2, 2026.
Related Nevada Laws
Last updated: June 2, 2026.
More Nevada Laws
Frequently Asked Questions
Does Nevada recognize common law marriage?
Nevada does not allow new common law marriages to be formed within the state. NRS 122.010 abolished formation of new common law marriages effective March 29, 1943. However, Nevada recognizes valid common law marriages formed in other states, and common law marriages formed in Nevada before March 29, 1943, remain valid.
When did Nevada abolish common law marriage?
Nevada abolished the formation of new common law marriages effective March 29, 1943, under NRS 122.010. That section requires consent followed by solemnization under NRS Chapter 122, and NRS 122.040(1) separately requires a marriage license from a county clerk, so a marriage formed in Nevada after that date must be both licensed and solemnized to be legally valid.
Is a common law marriage from another state valid in Nevada?
Yes. Nevada recognizes a valid common law marriage formed in another state, provided it met that state's formation requirements. Under Nevada's conflicts-of-law principles, a marriage that was valid where it was created is recognized in Nevada.
How do you prove a common law marriage in Nevada?
You must show that the couple met the formation requirements of the state where the marriage was created. Evidence includes joint tax returns filed as married, joint bank or credit accounts, property documents listing both parties as spouses, insurance policies naming the other as a spouse, and affidavits from people who knew the couple as married.
How long do you have to live together to be common law married in Nevada?
No set period of cohabitation creates a common law marriage in Nevada or in any other state. Nevada has not allowed new common law marriages to form since 1943. In states that still allow common law marriage, such as Colorado or Texas, cohabitation is one factor but no minimum number of years is required. The idea that seven years of living together creates a marriage is a myth.
How does a common law marriage end in Nevada?
A recognized common law marriage ends only through formal divorce or the death of a spouse. There is no 'common law divorce.' If the couple has a valid common law marriage recognized in Nevada, they must obtain a divorce decree from a Nevada district court under NRS Chapter 125. Simply separating does not legally dissolve the marriage.
Does Nevada community property law apply to a common law marriage?
Yes, if the common law marriage is legally recognized in Nevada. Nevada is a community property state under NRS 123.220. A couple with a recognized common law marriage who divorces or has a spouse die in Nevada is subject to the same community property rules as any formally married couple.
Updates
Corrected the statutory attributions on this page so that NRS 122.010 is cited for the consent-and-solemnization requirement and NRS 122.040 for the marriage license, the recognition of an out-of-state common law marriage now rests on Nevada's place-of-celebration conflicts rule rather than the Full Faith and Credit Clause, and the Texas informal marriage declaration is cited to Tex. Fam. Code 2.402 and 2.404.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the Nevada no-fault divorce pinpoint: incompatibility is NRS 125.010 item 3, not (1)(a) (the insanity ground).
Governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Nevada Revised Statutes, Chapter 122: MARRIAGE
§ 122.010What constitutes marriage; no common-law marriages after March 29, 1943.In forcecited in 2 of our articles
1. Marriage, so far as its validity in law is concerned, is a civil contract, to which the consent of the parties capable in law of contracting is essential. Consent alone will not constitute marriage; it must be followed by solemnization as authorized and provided by this chapter. 2. The provisions of subsection 1 requiring solemnization shall not invalidate any marriage contract in effect prior to March 29, 1943, to which the consent only of the parties capable in law of contracting the contract was essential.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at leg.state.nv.us
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Western States Construction, Inc. v. Michoff (Nevada Supreme Court 1992, 108 Nev. 931)“…nly by operation of law upon the solemnization of marriage. NRS 122.010; NRS 123.220. “[N]o agreement between c…”
- Candelaria v. Kelly (Nevada Supreme Court 2023)“…mnization as authorized and provided by [NRS Chapter 122]." NRS 122.010(1). Solemnization requires the parties…”
- Hay v. Hay (Nevada Supreme Court 1984, 100 Nev. 196)“…int out that Nevada does not recognize common law marriage. NRS 122.010. We recognize that the state has a stro…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage by State: Where It's Recognized (2026)
§ 122.040Marriage license: Requirements; issuance by county clerk; waiver of certain requirements; public records; expiration.In forcecited in 2 of our articles
1. Before persons may be joined in marriage, a license must be obtained for that purpose from the county clerk of any county in the State. Except as otherwise provided in this subsection, the license must be issued at the county seat of that county. The board of county commissioners: (a) In a county whose population is 700,000 or more may, at the request of the county clerk, designate not more than five branch offices of the county clerk at which marriage licenses may be issued, if the designated branch offices are located outside of the county seat. (b) In a county whose population is less than 700,000 may, at the request of the county clerk, designate one branch office of the county clerk at which marriage licenses may be issued, if the designated branch office is established in a county office building which is located outside of the county seat. 2. Except as otherwise provided in this section, before issuing a marriage license, the county clerk shall require each applicant to provide proof of the applicant’s name and age.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
Also relied on in: Nevada Marriage License Requirements 2026: Fees, ID, No Wait
Nevada Revised Statutes, Chapter 123: RIGHTS OF MARRIED COUPLES
§ 123.220Community property defined.In forcecited in 3 of our articles
All property, other than that stated in NRS 123.130, acquired after marriage by either spouse or both spouses, is community property unless otherwise provided by: 1. An agreement in writing between the spouses. 2. A decree of separate maintenance issued by a court of competent jurisdiction. 3. NRS 123.190. 4. A decree issued or agreement in writing entered pursuant to NRS 123.259.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
Cited in 46 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Cirac v. Lander County (Nevada Supreme Court 1979, 95 Nev. 723)“…existing and equal interest in said property” according to NRS 123.220, 123.225 and that the property is commu…”
- Western States Construction, Inc. v. Michoff (Nevada Supreme Court 1992, 108 Nev. 931)“…atute which arises after a couple is legally married. See NRS 123.220. Yet unmarried couples are not preclude…”
- Peters v. Peters (Nevada Supreme Court 1976, 92 Nev. 687)“…ired after marriage is considered to be community property, NRS 123.220, 1 and that presumption ca…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nevada Alimony Laws: How Spousal Support Works (2026), Legal Separation in Nevada: Separate Maintenance Rules (2026)
Nevada Revised Statutes, Chapter 134: SUCCESSION
§ 134.040Surviving spouse and issue.In forcecited in 2 of our articles
1. If the decedent leaves a surviving spouse and only one child, or the lawful issue of one child, the estate goes one-half to the surviving spouse and one-half to the child or the issue of the child. 2. If the decedent leaves a surviving spouse and more than one child living, or a child and the lawful issue of one or more deceased children, the estate goes one-third to the surviving spouse and the remainder in equal shares to the children and the lawful issue of any deceased child by right of representation.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
Also relied on in: Nevada Probate and Intestate Succession: What Happens Without a Will (2026)
Nevada Revised Statutes, Chapter 125: DISSOLUTION OF MARRIAGE
§ 125.010Causes for divorce.In forcecited in 3 of our articles
Divorce from the bonds of matrimony may be obtained for any of the following causes: 1. Insanity existing for 2 years prior to the commencement of the action. Upon this cause of action the court, before granting a divorce, shall require corroborative evidence of the insanity of the defendant at that time, and a decree granted on this ground shall not relieve the successful party from contributing to the support and maintenance of the defendant, and the court may require the plaintiff in such action to give bond therefor in an amount to be fixed by the court. 2. When the spouses have lived separate and apart for 1 year without cohabitation the court may, in its discretion, grant an absolute decree of divorce at the suit of either party. 3. Incompatibility.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at leg.state.nv.us
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- Sutherland v. Sutherland (Nevada Supreme Court 1959, 75 Nev. 304)“…nd apart for three consecutive years without cohabitation. (NRS 125.010; sec. 9.) The appellant and resp…”
- Moser v. Moser (Nevada Supreme Court 1992, 108 Nev. 572)“…ore send the case back to the district court for a trial. NRS 125.010 requires, in cases like this, that the…”
- Gojack v. Second Judicial District Court (Nevada Supreme Court 1979, 95 Nev. 443)“…mplaint for divorce alleging incompatibility as the ground, NRS 125.010(3), and requesting that the community p…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nevada Divorce Laws (2026): Grounds, Residency, and Process
Texas Family Code
§ 2.401PROOF OF INFORMAL MARRIAGEIn forcecited in 24 of our articles
(a) In a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that: (1) a declaration of their marriage has been signed as provided by this subchapter; or (2) the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married. (b) If a proceeding in which a marriage is to be proved as provided by Subsection (a)(2) is not commenced before the second anniversary of the date on which the parties separated and ceased living together, it is rebuttably presumed that the parties did not enter into an agreement to be married. (c) A person under 18 years of age may not: (1) be a party to an informal marriage; or (2) execute a declaration of informal marriage under Section 2.402. (d) A person may not be a party to an informal marriage or execute a declaration of an informal marriage if the person is presently married to a person who is not the other party to the informal marriage or declaration of an informal marriage, as applicable.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 98 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Joplin v. Borusheski (2008) applied section 2.401(b): a suit filed over two years after separation raises a rebuttable presumption the parties never agreed to marry, which that proponent did not rebut. In Lan Ngoc Nguyen v. Dinh Duc Nguyen (2011) the 2.401(d) prior-marriage impediment was not proved, and that finding was reversed.
Opinions citing this section in our collection:
- Lan Ngoc Nguyen v. Dinh Duc Nguyen (Texas Court of Appeals, 1st District (Houston) 2011, 355 S.W.3d 82)✓A husband fought his wife's divorce petition by claiming an earlier Vietnamese marriage was an impediment under Section 2.401(d); the court found the proof of that prior marriage factually insufficient and remanded to decide the statute's three informal-marriage elements.
- Assoun v. Gustafson (Court of Appeals of Texas 2016, 493 S.W.3d 156)✓An ex-husband sued to have his former wife declared informally married to her boyfriend, ending his alimony; applying Section 2.401(a), the court affirmed summary judgment for the couple because their sworn denials of any agreement to marry defeated his circumstantial proof.
- Joplin v. Borusheski (Texas Court of Appeals, 5th District (Dallas) 2008, 244 S.W.3d 607)✓A man filed for divorce in 2005 claiming a common-law marriage, more than two years after the couple stopped living together; the court applied Section 2.401(b)'s rebuttable presumption of no agreement to marry and held his testimony failed to rebut it.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage in Arizona: Is It Recognized? (2026), Common Law Marriage in Delaware: Is It Recognized? (2026), Common Law Marriage in Florida: Is It Recognized? (2026)
§ 2.402DECLARATION AND REGISTRATION OF INFORMAL MARRIAGEIn forcecited in 4 of our articles
(a) A declaration of informal marriage must be signed on a form prescribed by the bureau of vital statistics and provided by the county clerk. Each party to the declaration shall provide the information required in the form. (b) The declaration form must contain: (1) a heading entitled "Declaration and Registration of Informal Marriage, ___________ County, Texas"; (2) spaces for each party's full name, including the woman's maiden surname, address, date of birth, place of birth, including city, county, and state, and social security number, if any; (3) a space for indicating the type of document tendered by each party as proof of age and identity; (4) printed boxes for each party to check "true" or "false" in response to the following statement: "The other party is not related to me as: (A) an ancestor or descendant, by blood or adoption; (B) a brother or sister, of the whole or half blood or by adoption; (C) a parent's brother or sister, of the whole or half blood or by adoption; (D) a son or daughter of a brother or sister, of the whole or half blood or by adoption; (E) a current or former stepchild or stepparent; or (F) a son or daughter of a parent's brother or…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2004
Opinions citing this section in our collection:
- Canady v. Russell (Texas Court of Appeals, 12th District (Tyler) 2004, 138 S.W.3d 412)“…l marriage set out in Section 2.401(a)(2). See Tex. Fam.Code Ann. § 2.402(5) (Vernon 1998). Once this declaration…”
- Warren P. Canady and Sonya C. Woods-Canady v. Christal Russell (Texas Court of Appeals, 12th District (Tyler) 2004)“…n informal marriage set out in Section 2.401(a)(2). See Tex. Fam. Code Ann. § 2.402 (5) (Vernon 1998). Once this declarati…”
- Leroy James Tibbets v. State (Texas Court of Appeals, 3rd District (Austin) 2002)“…common law, or (informal under the Family Code). See Tex. Fam. Code Ann. §§ 2.402 , 2.404 (West 1998). We conclud…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage in North Carolina: Is It Recognized? (2026), Texas Marriage & Divorce Records: How to Get a Copy (2026), Common Law Marriage in Texas: Requirements & How It Works (2026)
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Sources and References
- NRS 122.010 - Requisites of valid marriage(leg.state.nv.us)
- NRS 123.220 - Community property defined(leg.state.nv.us)
- Common Law Marriage(law.cornell.edu)
- NRS 134.040: Succession by surviving spouse. Nevada Legislature(leg.state.nv.us).gov
- NRS 125.010: Grounds for divorce. Nevada Legislature(leg.state.nv.us).gov
- Tex. Fam. Code 2.401: Informal Marriage. Texas Legislature(statutes.capitol.texas.gov).gov
- NRS 122.040: Marriage license: Requirements; issuance by county clerk. Nevada Legislature(leg.state.nv.us)
- Tex. Fam. Code 2.402: Declaration and Registration of Informal Marriage. Texas Legislature(statutes.capitol.texas.gov)
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