Legal Question in Family Law in New York

rights of an unmarried woman

I have lived with a man for 8 years, we never married and we have a child together. I have not worked in order to stay home with our son for five years. We have a house and car both in his name. What rights do I have if I leave him as far as the property and our son.


Asked on 10/24/07, 12:08 pm

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: rights of an unmarried woman

As far as property, you would have partnership rights to items purchased with the man. You would not have a right of maintenance nor equitable distribution. You would have the right to obtain child support for the child under the Child Support Standards Act.

Mike.

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Answered on 10/24/07, 12:22 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: rights of an unmarried woman

As to your son, you have a right to seek child support and to seek an order regarding custody. As for the rest, without an agreement respecting property, you have pretty much no rights respecting his property. Marriage matters. Your story is an object lesson to those that think it unimportant and just a piece of paper.

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Answered on 10/24/07, 1:19 pm


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