A couple lives together for 20 years. They share a mortgage, raise children, and build a life together. They never formally married. Then, a tragic accident happens.
In the eyes of the heart, the survivor is a widow or widower. But in the eyes of Nevada law, they may be a legal stranger.
If you are an unmarried partner who lost a loved one in Nevada, or if you are researching these rights for someone in this situation, this guide explains what the law allows and what options may still exist.
One of the most heartbreaking conversations we have at our firm is telling a grieving partner that they have no standing to sue for the wrongful death of the person they loved most. Nevada’s laws are rigid, but there are specific exceptions.
This guide explains the hard truth about unmarried partner rights in Nevada, the “Common Law Marriage” myth, and the few legal avenues that may still be open to you.
The Hard Truth: No Marriage, No Standing?
The short answer is generally no. Unless you were legally married or in a state-registered Domestic Partnership, you cannot file a wrongful death lawsuit for your own loss of companionship, grief, or sorrow.
Nevada’s wrongful death statute, NRS 41.085, gives the claim for a survivor’s own loss to the decedent’s “heirs,” and gives a separate claim on behalf of the estate to the decedent’s personal representative. It defines heirs strictly as those who would inherit under intestate succession laws, as if there were no will.
Who counts as an heir: Nevada’s intestate-succession law decides that family by family, and it is not a fixed order in which one relative rules out the next. Depending on who survives the decedent, heirs can include:
- Spouse or Registered Domestic Partner
- Children
- Parents
- Siblings
An attorney can confirm whether you qualify.
If you are a fiancé, a live-in boyfriend/girlfriend, or a “life partner,” that relationship by itself does not make you an heir under Nevada’s intestate-succession law. It does not matter if you lived together for 30 years or were engaged to be married next week. Without the legal certificate, you have no standing to sue for your own loss.
The Myth of “Common Law Marriage”
Many clients believe that living together for seven years (or some other duration) automatically creates a “common law marriage.”
This is a myth in Nevada.
Under NRS 122.010, Nevada explicitly requires a license and solemnization (ceremony) for a marriage to be valid. The state has not recognized common law marriage since March 29, 1943. You cannot “become” married simply by cohabitating, sharing bank accounts, or calling each other “husband and wife.”
Note: a marriage that was validly formed under another state’s law before the couple moved here can still matter, and a handful of states do allow a marriage to be formed without a license or ceremony. Which states those are, and what each one requires, changes over time, so this is a fact-specific question that turns on the other state’s law at the time and on proof that its requirements were met. Ask an attorney to check the state you lived in.
The Exception: Registered Domestic Partnerships (NRS 122A)
There is one major exception for unmarried couples. If you filed a Declaration of Domestic Partnership with the Nevada Secretary of State, you have the exact same rights as a spouse.
Under NRS 122A.200, registered domestic partners are granted all the “rights, protections, and benefits” of spouses. This includes the specific right to file a wrongful death lawsuit as a surviving partner.
The Catch:
You must have actually filed the paperwork and paid the fee before the death occurred. You cannot register retroactively after the accident to gain standing. If you registered a domestic partnership or a civil union in another state, ask an attorney whether Nevada treats it as giving you the same rights.
The “Side Door”: Controlling the Estate
If you are not one of the deceased person’s heirs, the people who would inherit under Nevada’s intestate-succession law, you cannot sue for your own grief (the “Heirs’ Claim”). However, you may still be able to control the lawsuit if the deceased named you as the Executor in their will and the probate court appoints you, because Nevada gives the estate’s claim to the decedent’s personal representative.
The “Estate Claim”
As we explained in our guide to funeral costs, a wrongful death case has two parts. The “Estate Claim” sues for medical bills, funeral expenses, and punitive damages.
- If the court appoints you as Executor: You can hire the attorney and manage the litigation.
- The Limitation: Even if you win millions for the Estate, that money must be distributed according to the will or state law. It generally goes to pay debts first, with the remainder going to heirs. You do not get “loss of companionship” damages, but you can ensure justice is served and the at-fault party pays.
The Rights of Shared Children
While you may be shut out of the legal system, your children are not.
If you and your partner had biological or legally adopted children together, those children are “heirs” with full standing to sue.
- Your Role: As the surviving parent and legal guardian, you would bring the lawsuit on behalf of the children.
- The Result: The compensation for grief, lost financial support, and loss of parental guidance goes to the children. The court will usually place these funds in a blocked trust until they turn 18.
This is often the most effective way for a surviving partner to secure financial stability for the household, even if they cannot recover damages personally.
Action Plan: Checking Your Status
If you are unmarried and lost your partner to negligence, check these four legal facts immediately:
- Check for Domestic Partnership: Did you ever file papers with the Secretary of State? Sometimes couples forget they did this years ago. It could save your claim. You can verify your registration status by calling (775) 684-5708 or visiting nvsos.gov.
- Check the Will: Are you named as the executor? Being named is not the same as being appointed, but if the probate court appoints you, you would manage the investigation and the “Estate Claim.”
- Check Other States: Did you live in a state that allows a marriage to be formed without a license or ceremony before you moved to Nevada? Tell your attorney which state and which years, and have the requirements that state applied at the time checked. If you met them there, the marriage may still count.
- Act Quickly: Nevada generally gives two years to bring an action for the death of a person caused by the wrongful act or neglect of another (NRS 11.190(4)(e)). Different deadlines and exceptions can apply depending on the claim and who is entitled to bring it, including that the period does not run while a person entitled to bring the action was under 18 or insane when the claim accrued (NRS 11.250). Even if your standing is uncertain, consult an attorney immediately to preserve your options.
Why You Need Honest Legal Advice
We wish the law recognized love, not just licenses. Unfortunately, insurance companies use these statutes to deny claims every day. They will argue you are a “legal stranger” to avoid paying a dime.
With 40+ years of experience, Jack Bernstein knows how to look for every possible exception, whether it is a forgotten domestic partnership, a valid common law marriage from another state, or a claim on behalf of your children. We will give you an honest assessment of your rights, even when the news is hard to hear.
Contact Jack Bernstein Injury Lawyers for a free consultation: (702) 633-3333.