Common Law Marriage New York

Thanks for visiting Federal Lawyers – managed by our lead attorney, a second-generation law firm with over 40 years of combined experience in family law and matrimonial matters throughout New York. When couples ask whether their long-term relationship qualifies as common law marriage in New York, the answer is simple: **No**. New York abolished common law marriage in 1933. You can live together for fifty years, file joint tax returns, call each other husband and wife, raise children, buy property together – none of that creates a legal marriage in New York without a marriage license and formal ceremony. This matters enormously when relationships end or partners die, because without legal marriage, you have *no* spousal rights to property division, spousal support, or inheritance.

But there’s an exception that creates significant litigation – New York recognizes common law marriages validly formed in other states. If you lived in Texas, Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Utah, or the District of Columbia and met that state’s requirements, New York will recognize it under the Full Faith and Credit Clause. The problem? Proving you formed a valid marriage under another state’s law often requires contested litigation, especially when one partner claims the marriage existed and the other denies it.

What the Prohibition Actually Means

New York eliminated common law marriage in 1933, and the prohibition is absolute. No marriage license and formal ceremony? Not married. Period. House in one person’s name? That person keeps it – even if the other partner paid mortgage for twenty years. No marriage means no maintenance obligation, regardless of income disparities or career sacrifices. When an unmarried partner dies without a will, the surviving partner inherits nothing. Children inherit. Parents inherit. Siblings inherit. Your partner of decades? Zero. Health insurance, pension survivor benefits, Social Security – all require legal marriage.

We handle cases where couples mistakenly believed their long-term relationship created spousal rights. They split after fifteen years, one partner earned significantly more, the other gave up career to raise children. In a divorce, that triggers maintenance and equitable distribution. Without legal marriage? The lower-earning partner leaves with nothing.

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Legal Scenario: What Would You Do?

Scenario

Maria and David have lived together in Brooklyn for 18 years, share a mortgage, have two children, and refer to each other as husband and wife — but they never obtained a marriage license or had a ceremony. Now that they are separating, Maria believes she is entitled to spousal support and an equitable division of their shared assets as a common law spouse.

After living together for nearly two decades in New York, don't I have the same legal rights as a married spouse under common law marriage?

Attorney's Answer

Unfortunately, New York abolished common law marriage in 1933, and no amount of cohabitation — whether 5 years or 50 — creates a legally recognized marriage under New York Domestic Relations Law. Without a valid marriage license and solemnization under DRL §§ 11-25, you do not have standing to seek spousal support or equitable distribution under DRL § 236(B). However, New York courts may recognize a common law marriage if it was validly established in a state that still permits it, such as Colorado or Texas, under the principle of comity. You should consult with a family law attorney immediately to explore other legal avenues for protecting your property interests, such as partition actions or constructive trust claims.

This is general information only. Contact us for advice specific to your situation.

The Other-State Exception

New York will recognize a common law marriage if it was validly formed in another state that permits such marriages. This sounds straightforward – if you were common law married in Texas before moving to New York, your marriage is valid here. But “validly formed” requires meeting the specific legal requirements of the state where the marriage allegedly arose, and those requirements vary significantly.