Beginning in October of 2009, Nevada began to recognize domestic partnerships for all couples. The primary intent of the law was to allow same-sex couples to make civil contracts that would protect their rights as a couple. There is no ceremony required to enter into this type of contract.
To enter a Nevada domestic partnership, each party must be at least 18 years of age, they must both be competent to consent to enter a contract, they must share a common residence, they must not be related by blood in any manner that would prevent them from being legally married to each other in Nevada, and neither party may be married or in a domestic partnership with another person.
How Does the Legalization of Same-Sex Marriage Affect Partnerships?
In 2015, same-sex marriage became legal in the United States. This means that all couples in Nevada may now choose between domestic partnership and marriage. A couple in a domestic partnership can get married to one another without terminating their partnership, and that domestic partnership will continue to exist alongside the marriage. However, if a married couple no longer wishes to also be in a domestic partnership, they can terminate the domestic partnership without having it affect their marriage.
What Rights Are Associated with Domestic Partnerships in Nevada?
The rights associated with domestic partnerships include:
- The right to inherit a partner’s property through intestacy
- The right to transfer certain pieces of property to one’s partner without paying taxes
- The right to sue for the wrongful death of a partner
- Benefits through Nevada’s community property laws
However, Nevada domestic partnerships do not confer all of the rights and responsibilities that married couples enjoy. Entering into a domestic partnership may limit federal benefits and the partnership may not be recognized in all other states or countries.
Do I Need a Nevada Attorney?
There are differences between marriage and domestic partnership under Nevada law. A Nevada family attorney can answer your questions about the differences between the two, and assist you in understanding and enforcing your rights and responsibilities in either domestic arrangement.