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, limits the right to sue to the decedent’s “heirs.” It defines heirs strictly as those who would inherit under intestate succession laws, as if there were no will.
The Priority List:
- Spouse or Registered Domestic Partner
- Children
- Parents
- Siblings
If you are a fiancé, a live-in boyfriend/girlfriend, or a “life partner,” you do not appear on this list. 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: Nevada recognizes common law marriages that were validly formed in states that permit them (such as Colorado, Texas, Kansas, Montana, or Iowa) before the couple moved here. This is a fact-specific legal question that requires proof of the other state’s requirements.
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.
The “Side Door”: Controlling the Estate
If you are not a spouse or domestic partner, 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.
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 you are named 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? This gives you control over the investigation and the “Estate Claim.”
- Check Other States: Did you live in a “Common Law” state (like Texas, Colorado, Montana, Utah) before moving to Nevada? If you met the requirements there, Nevada might recognize the marriage.
- Act Quickly: Nevada’s statute of limitations for wrongful death is two years from the date of death (NRS 11.190). 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.
