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


Asked on 5/12/01, 9:54 pm

3 Answers from Attorneys

Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

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.

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Answered on 6/22/01, 9:09 am
Kellie Gasink Kellie Gasink, Esq.

Re: common law

He needs a will that stipulates what you should get. Call.

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Answered on 6/21/01, 9:25 pm

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.

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Answered on 6/21/01, 11:45 pm


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