Legal Question in Family Law in Nevada

My girlfriend is living with me at my house that I own in Nevada and I am pretty much supporting her by purchasing all the food and not charging her any rent.

Everything I have read is that Nevada is not a common law marriage state. However, I've been told by a friend, that may not be the case, and to make sure there's no legal precedences that would allow my girlfriend to force me to support her should we break up. Is it possible for her to come after me to continue taking care of her should we break up?


Asked on 4/28/10, 10:55 am

2 Answers from Attorneys

Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Nevada is not a common law state so she cannot come after you if you do not start commingling money and do other things as if you are married. There are cases relating to palimony and I would need more facts to give you better advise on palimony.

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Answered on 5/03/10, 11:11 am
Marshal Willick Willick Law Group

As with everything in law, the devil is in the details. The fact of voluntary support does not necessarily constitute grounds for any future claim, but there are multiple things you might do -- or not do -- that could lead to another result.

I suggest you start with the articles we have posted on the Palimony and Cohabitation page of the firm website, at http://www.willicklawgroup.com/palimony_cohabitation. There are only four or five cases in Nevada, providing limited guidance as to the parameters of possible claims, but they are completely analyzed in the materials posted on the web site.

Also, you should know that the Nevada Supreme Court is again examining matters closely related to your situation (actually more involved with procedurally, which court hears what claims, but it could turn out to be more substantive) in a currently-pending Petition for Rehearing in a case called Landreth. The Amicus Brief which I just helped draft on behalf of the State Bar Family Law Section is posted on the Appeals page of the website, at http://www.willicklawgroup.com/appeals, if you want to have a look.

Knowledge is poser. After reviewing the written material, you might want to consult with an appropriate family law specialist. If you decide you would like to discuss this with one of the attorneys of this firm, please take a look at our consultation policies, procedures, and costs, at http://www.willicklawgroup.com/consultation_policies.

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Answered on 5/03/10, 11:47 am


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