Common Law Marriage in New York: Legal Requirements and Exceptions

Many people believe that simply living together for a certain number of years will result in a legal marriage, also known as a common law marriage.

While this is true in a few U.S. states, New York is not one of them. If you’re in a long-term relationship and want to know whether you have any legal marital rights in New York without a formal ceremony or license, it’s important to understand the state’s stance on common law marriage.

What Is Common Law Marriage?

Common law marriage is a legal framework where a couple is considered married without having gone through a formal wedding or obtained a marriage license. Generally, this type of marriage requires:

• Living together for a prolonged period
• Presenting yourselves publicly as a married couple
• A mutual agreement or intent to be married

Only a handful of states still recognize common law marriage today. Unfortunately for some couples, New York does not allow new common law marriages to be formed.

Does New York Recognize Common Law Marriage?

No, New York does not recognize common law marriage created within the state. This means that no matter how long you’ve lived with your partner, or how committed your relationship is, you are not legally married in the eyes of New York law unless you’ve completed the legal marriage process.

The One Major Exception: Out-of-State Common Law Marriages

Although you can’t create a common law marriage in New York, the state does recognize valid common law marriages formed in states where they are legal.

If you and your partner lived in a state like Colorado or Texas and met all of that state’s requirements for a common law marriage, New York will honor that relationship as a legal marriage once you move to or reside in New York.

To prove a valid out-of-state common law marriage in New York, you may need:

• Evidence of joint tax returns
• Shared bank accounts or leases
• Testimony or affidavits confirming that you held yourselves out as married

Legal Alternatives for Unmarried Couples in New York

While common law marriage is not an option in New York, couples who are not married can still take steps to protect their rights and define their relationship legally. Consider the following:

1. Cohabitation Agreement
   A legally binding contract between unmarried partners that outlines responsibilities and division of property in case of separation.
2. Power of Attorney and Healthcare Proxy
   These legal documents allow partners to make financial and medical decisions for each other if one becomes incapacitated.
3. Wills and Estate Planning
   Without a will, an unmarried partner will not automatically inherit any property under New York’s intestacy laws. Estate planning ensures your partner receives what you intend.
4. Joint Ownership
   Jointly owning property, bank accounts, or businesses can give partners some financial protections similar to married couples.

Domestic Partnerships in New York

For couples who want legal recognition but not full marriage, domestic partnerships are available in some New York counties and cities, including New York City.

• A domestic partnership may offer:
• Health insurance coverage (if employer allows)
• Hospital visitation rights
• Bereavement leave or family leave benefits

However, it does not grant all the rights and responsibilities of marriage under state or federal law.

Conclusion

Common law marriage is not recognized in New York, and couples cannot establish such a relationship within the state. However, New York does honor valid common law marriages from other states, and there are several legal tools available to protect the interests of unmarried partners.

If you live with a long-term partner and are concerned about your legal rights, it’s a good idea to consult with a family law attorney to explore your options for cohabitation agreements, estate planning, and other legal protections.

About The Author