Legal Question in Family Law in New York

Common Law Marriages

I have lived with someone for 71/2 years. Five years in New Jersey and almost 2 in New York State. He does not get mail to my home I rent. He is not acknowledged to any agency I get help from. He is the father of my daughter. I am hoping to purchase a house soon. If we split up, is he entitled to anything? Is he legally my common law husband? I want to protect my assests that I would receive in the event of my grandmother's death since I am the sole beneficiary. What is he entitled to?


Asked on 2/27/01, 12:02 am

1 Answer from Attorneys

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Common Law Marriages

Neither New York nor New Jersey recognize common law marriages. Even if you were married, in NY property acquired by inheritance is considered separate property and is NOT subject to Equitable Distribution. Therefore, even if you were married, he would have no claim to the inheritance.

As to other possible financial issues in your relationship, as well as issues of custody, visitation, and child support, you should consult with an experienced matrimonial attorney.

For more information, please visit my web site:

www.BravermanLawFirm.com

Read more
Answered on 4/24/01, 7:04 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York