Legal Question in Family Law in New York

Legal Marriage and Rights?

My ''spouse'' and I have been separated and living apart for 5 months. We both own a one family house together. We both have contributed to the repairs, bills and the mortgage equally for the past 3 years, including paying bills equally during the time of separation. We got married in August 2004 in Aruba. We have a marriage license from Aruba only. I am being told by my spouse that his lawyer thinks we may not be legally married and his lawyer is checking to see if we are, in fact, legally married in the U.S. His lawyer thinks we are probably not legally married. I am being told that we would've had 90 days to file our marriage license with the county clerk when we came back from Aruba. Since we never did that- our marriage is not legal. Is that true? So would we still need a divorce? Also, does that change my legal rights as far as my house is concerned? Would I still be entitled to an equal share of the house if my ''spouse'' bought me out, including the appreciation in value? Thank you for whatever information you can give me.


Asked on 5/08/07, 2:30 pm

3 Answers from Attorneys
Daniel Clement Law Offices of Daniel Clement

Re: Legal Marriage and Rights?

Even if you did not enter into a legal marriage in Aruba and the marriage should somehow be found to be void you would still have rights to the property as you are a title owner.

I suggest you consult with an attorney.

Daniel Clement

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Answered on 5/08/07, 2:49 pm
Tracey Bloodsaw Law Office of Tracey A. Bloodsaw

Re: Legal Marriage and Rights?

Whether there is a legal marriage or not, you are certainly entitled to equity in the home as long as you can prove your contributions to the payments, upkeep, etc.

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Answered on 5/08/07, 3:27 pm
Kristen Browde Browde Law, P.C.

Re: Legal Marriage and Rights?

The previous answers are right, as far as they go - however, they're incomplete.

If you were properly married in Aruba your marriage is legal whether or not you filed anything with any county clerk in the United States. There is no 90 day requirement, indeed, there is no requirement of any filing whatsoever.

The State of New York gives full faith and credit to overseas marriages. So long as they legal in the place in which the marriage took place, absent extraordinary circumstances, New York considers them valid marriages.

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Answered on 5/08/07, 11:00 pm


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