Legal Question in Family Law in New York
common law
I have been living with my partner for 21 years (not married) and I would like to know if something should happen to him if I would be entitled to anything,the house is in his name,benefits,etc. Thank You
3 Answers from Attorneys
Re: common law
Unfortunately, you have no rights should your partner pass on.
This is a reason why people marry. The law affords these protections to married persons. New York does not recognize "common law marriage." This is also one of the reasons why the gay & lesbian community is seeking to legitimize gay marriage.
You should have him draft a will benefitting you. You can change the ownership of the house from him alone, to you and he as "joint tenants with rights of survivorship." This means you will be able to stay in the house should he die before you do.
Unfortunately, you never know how long either one of you will live. You should get this taken care of very quickly. Should something happen, as it is now, you would have no rights in his estate.
Re: common law
He needs a will that stipulates what you should get. Call.
Re: common law
Not a thing will you get.
Unless there is a valid will executed without
duress which says that you do or
Unless you hire a lawyer and make these
assets joint assets with rights of
survivorship.