Common law marriage is a type of legal recognition for couples who have lived together and presented themselves as married without going through a formal marriage ceremony. While New York State does not explicitly recognize common law marriage, there are certain circumstances under which couples may be deemed to have entered into a common law marriage. In this article, we explore what constitutes a common law marriage in New York State, the requirements, and the legal implications involved.
Historical Context and Legal Background
Absence of Statutory Recognition:
New York State abolished common law marriage in 1933 and does not have a specific statute or legal provision for recognizing new common law marriages. However, the state recognizes valid common law marriages that were established prior to the abolition.
Recognition of Out-of-State Common Law Marriages:
New York State recognizes common law marriages that were validly established in other jurisdictions where common law marriage is recognized.
Establishing a Common Law Marriage in New York State
Mutual Consent and Presenting as Spouses:
Couples in New York State must mutually consent to enter into a marital relationship and publicly present themselves as spouses. This includes referring to each other as husband and wife, introducing themselves as married, and filing joint tax returns.
Cohabitation and Duration:
Cohabitation is a key element in establishing a common law marriage. In New York State, couples must live together for an extended period and have a shared, continuous domestic life. The duration of cohabitation required for a common law marriage is not specified, and it may vary based on individual circumstances.
Holding Out as Married:
To be considered in a common law marriage, couples must hold themselves out to the community as being married. This can include informing family, friends, and coworkers of their marital status, wearing wedding rings, and referring to each other as spouses in official documents.
Legal Implications of Common Law Marriage
Property Rights and Division:
Common law spouses in New York State do not have the same automatic property rights as legally married couples. However, they may have rights to jointly owned property or assets acquired during the course of the relationship based on principles of equitable distribution.
Inheritance and Estate Planning:
In the absence of a legally recognized marriage, common law spouses may face challenges in inheritance rights. It is crucial to have comprehensive estate planning documents such as wills, trusts, and beneficiary designations to ensure that the partner is included in the inheritance plan.
Child Custody and Support:
Common law spouses who have children together are subject to the same child custody and support laws as legally married couples. This includes determining custody arrangements and establishing child support obligations to ensure the well-being of the child.
Protecting Common Law Relationship Rights
Cohabitation Agreements:
Couples in a common law relationship can create cohabitation agreements to outline their rights, responsibilities, and property division in the event of separation or dissolution. These agreements can provide legal clarity and protection for both partners.
Legal Advice and Documentation:
Seeking legal advice from an experienced family law attorney can help couples understand their rights, obligations, and available legal options. Proper documentation, such as joint financial accounts, shared bills, and affidavits from witnesses, can be useful in demonstrating the existence and nature of the common law relationship.
Conclusion
While New York State does not recognize new common law marriages, understanding the criteria for a common law marriage established in other jurisdictions and the legal implications is essential. Couples who believe they may be in a common law marriage should consult with a qualified family law attorney to assess their specific situation and explore available legal remedies to protect their rights and interests.