Legal Question in Family Law in South Dakota

cohabitation laws

I have been living with a woman for three and one half years. What are the laws regarding her rights in my estate including real estate, insurance, pension, two children by former wife, and stocks and bonds in South Dakota?


Asked on 4/17/04, 4:35 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: cohabitation laws

If you are not LEGALLY married, related by blood kinship; nor subject to a written agreement, stipulation or Court Order,there is NO "cohabitation law" that exists that affects your status or property and your domestic partner.

NY, nor most, if not all states, does not recognize "Common Law Marriage."

Thus, neither rights nor obligations can automatically be incurred or implied, in NY, by cohabitation, if nothing more is intended and articulated in a writing.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 4/21/04, 10:11 pm


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