Legal Question in Family Law in New York

Common law spouse

I have been with my boyfriend for 18 years. We live in New York State.We have never married. Does NY recognize common law spouses after a certain number of years living together? If so upon one of our deaths, would we be the beneficiary if no wills are made?


Asked on 5/30/07, 4:22 pm

2 Answers from Attorneys
Kristen Browde Browde Law, P.C.

Re: Common law spouse

No, New York does not recognize common law marriages, and not drafting a proper will could have disastrous results for you.

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Answered on 5/30/07, 4:29 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Common law spouse

New York will recognze common law marriages only if the couple has lived as a declared married couple in a state that does recognize common law marriages. If you and your partner do have wills, any property would descend to the closest living resident according to the laws of intestacy. In your situation a will is vital in order to protect you and your partner's rights.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 5/30/07, 5:05 pm


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