Does New York Recognize Common Law Marriage?

Common law marriage is one of the most misunderstood areas of family law. There is no set number of years that makes a couple "automatically" married.

At a glance

What this means for unmarried couples

Couples who live together without a formal marriage do not automatically get spousal rights such as inheritance without a will, spousal support or a share of marital property. Partners who want protection can use written agreements, wills, beneficiary designations, joint titles and powers of attorney.

Couples who move between states

A common law marriage validly formed in a state that allows it is generally treated as a real marriage elsewhere, which means a divorce is needed to end it. If you lived in a state that recognizes common law marriage, get advice on whether a marriage may have been formed there.

More: how to file for divorce, legal separation vs. divorce and New York divorce residency requirements. Inheritance questions are covered in what happens if you die without a will. A family lawyer can assess your situation.

Sources

1. RecordingLaw: Common law marriage by state