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In many parts of the United States, common law marriage is a legally recognized form of marriage. However, when it comes to common law marriage in New York, the situation differs from other states. New York does not officially recognize common law marriages. This means that couples living together without a formal marriage license or ceremony will not automatically be considered legally married in the eyes of the law.
But don’t worry, there are still ways to protect your rights as a couple living together in New York State.
In this article, we will explore the details of common law marriage in NYC and what it means for couples in the state.
What is Common Law Marriage?
Common law marriage is a legal framework where couples are considered legally married without going through the formal process of obtaining a marriage license or having a marriage ceremony. Typically, couples must live together for a certain period and present themselves as married to others to establish a common law marriage.
The general requirements for a common law marriage often include:
- Both individuals must agree to be married.
- The couple must live together for a certain period (the length of time varies by state).
- The couple must hold themselves out to the public as married, which can include using the same last name, filing joint tax returns, or referring to each other as husband and wife.
While common law marriages are accepted in several states, New York does not recognize such unions. This means that couples in New York living together without the formalities of a wedding ceremony and a marriage license are not legally married.
New York State’s Position on Common Law Marriage
Unlike other states, New York does not recognize common law marriages that are established within the state. While many people believe that simply living together for a long period constitutes a marriage, New York’s position on common-law marriages is clear: without a legal marriage license, you are not legally married, regardless of how long you have lived together.
However, if you and your partner have lived in another state that recognizes common law marriages, New York will recognize common law marriages from other states. For example, if you were married under common law in a state like Colorado or Texas, New York will honor that marriage when you move there. But New York does not allow common law marriages to be established within the state.
Domestic Partnerships in New York
While New York does not recognize common law marriage, the state does provide an alternative for couples who live together and want legal recognition: domestic partnerships. These are formal relationships recognized by New York state, offering some of the same legal protections and benefits as marriage.
To enter into a domestic partnership in New York, couples must meet certain requirements, including:
- Both partners must be at least 18 years old.
- Neither partner can be married to someone else.
- The couple must live together and share a domestic life.
Domestic partnerships do not carry all the rights of a formal marriage, such as the ability to file joint tax returns, but they can provide legal benefits in areas like healthcare and inheritance.
Also Read: Brian Strickman: Arizona Lawyer – Strickman Law PLLC, Phoenix, AZ
Legal Rights and Protections for Common Law Couples in New York
Even though New York does not recognize common law marriages, couples living together still have certain rights and protections under New York State law. These rights often depend on the specifics of the relationship and the situation.
Some important considerations include:
- Inheritance Rights: If a partner passes away, the surviving partner may not have automatic inheritance rights unless they are legally married. Having a will in place can help ensure that the surviving partner is provided for.
- Health Insurance: While domestic partners may be eligible for some benefits, unmarried couples may face challenges when it comes to receiving health insurance or other benefits from their partner’s employer.
- Property Rights: If you and your partner share a home or other property, you may need a legal agreement (such as a cohabitation agreement) to clarify each partner’s rights in case of separation.
Alternatives to Common Law Marriage in New York
Since New York does not recognize common law marriages, you may be wondering what alternatives exist for couples who wish to establish legal rights. The two main options for couples in New York are domestic partnerships and marriage. While domestic partnerships are an option, they may not offer the same benefits and protections as marriage.
If you are committed to securing legal rights for your relationship, the best approach is to get legally married. While this may seem like an extra step, marriage offers the most comprehensive legal protection for couples.
What to Do If You’re in a Common Law Marriage from Another State
If you and your partner were married under common law in another state that recognizes such marriages, New York will recognize common law marriages from another state. However, it’s important to understand that just living together for an extended period is not sufficient for recognition in New York State.
For example, if a couple was in a common law marriage in Pennsylvania and then moved to New York, they are considered legally married in New York. But couples must be able to prove that their marriage was legally valid in the state where it was established.
Final Thoughts
While New York does not recognize common law marriages, couples who are living together without marriage still have options for protecting their legal rights, such as domestic partnerships or formalizing their relationship through marriage. It’s important to understand that New York’s position on common law marriages differs from other states. Couples who have established common law marriages in states that recognize them may find that their union is legally recognized in New York.
For those who are living together and wish to ensure their rights and responsibilities are clearly defined, consulting with an experienced family law attorney in New York can provide clarity on your options and how best to protect your legal interests.
