Common law marriage is a concept that has been around for centuries, and it allows couples to be considered married even if they did not go through the formal process of obtaining a marriage license or having a formal ceremony. While common law marriages are recognized in many states across the US, it can be challenging to determine whether they are valid in specific states such as New York. In this article, we will explore the legal status of common law marriages in New York State.
What Is Common Law Marriage?
A common law marriage is a type of informal marriage that exists in some states in the United States. It is a way for couples to establish a legally binding relationship without going through the formalities of obtaining a marriage license or performing a marriage ceremony. To be considered a common law marriage, the couple must meet certain criteria, including:
- Co-habitation: The couple must have lived together as a couple for an extended period of time.
- Mutual consent: Both parties must agree to be in a marital relationship.
- Holding out: The couple must hold themselves out as being married to others, including family, friends, and community members.
- Meeting all eligibility requirements: Both parties must be of legal age, not already married to someone else, and not closely related by blood or adoption.
The Legal Standing of Common Law Marriage in New York State
Unlike many other states, New York does not recognize common law marriage. Therefore, even if a couple meets the requirements for a common law marriage in another state, they will not be considered legally married in New York. However, there are a few exceptions to this rule.
Exceptions to New York’s Non-recognition of Common Law Marriage
- Recognition of Common Law Marriages from Other States
If a couple establishes a common law marriage in another state where it is legally recognized, then moves to New York, their marriage will be valid in the state. However, if the couple separates or divorces while living in New York, they will not be able to obtain a divorce or other legal separation in the state, as New York does not recognize common law marriages.
- Recognition of Common Law Marriages from Other Countries
New York may recognize a common law marriage established in another country if the marriage was legal under the laws of that country and it complies with any US treaty obligations. However, this is rare, and only a few countries legally recognize common law marriage.
Implications of Non-recognition of Common Law Marriage in New York State
- Property Rights
If an unmarried couple living together in New York State splits up, they may not have the same property rights as married couples. In a common-law marriage state, spouses are considered to own equal shares of any property acquired during the marriage. Still, in New York State, unmarried couples might need to prove ownership explicitly through documentation or evidence.
- Estate Planning
In New York State, if one partner dies without a will, the other partner has no right to inherit any of their assets. The surviving partner can only inherit the deceased’s property if they are named in the will or if there is some other legal document designating them as a beneficiary.
- Medical Decisions
In New York State, married couples have certain legal rights regarding medical decisions for each other. If one spouse is incapacitated, the other spouse has the authority to make medical decisions on their behalf. Unmarried couples do not have this same level of authority unless designated by a power of attorney.
Conclusion
New York does not legally recognize common law marriage. While some exceptions exist, they are not common and may require additional legal steps. This lack of recognition can have significant implications, including property rights, estate planning, and medical decision-making. Therefore, it is important for couples to understand their legal rights and obligations when living together without getting married in New York State.