Are you living with your partner in Manhattan, Brooklyn, or Queens, and assuming you have marital rights? Does New York have common law marriage? No. New York abolished common law marriage in 1933 under the Domestic Relations Law Section 11.
No couple living in New York today can form a common law marriage, no matter how long they have shared a home or a life.
What Is Common Law Marriage?
Common law marriage is a legal union formed without a marriage license or ceremony. Some states allow it. New York does not. The state has not permitted new common law marriages for over 90 years.
Is Common Law Marriage Legal in New York?
No. New York Domestic Relations Law Section 11 requires every marriage to be solemnized with a valid marriage license. The state courts have consistently upheld this position since 1933.
Living together in a New York City apartment, a Long Island home, or anywhere else in the state creates no legal marriage, regardless of how you present yourselves publicly.
How Long Do You Have to Live Together?
No time period creates a legal marriage in New York. Two years or twenty years of cohabitation make no difference under state law. The popular “7-year rule” is a myth. New York courts do not recognize it.
Does New York Recognize Out-of-State Common Law Marriages?
Yes. New York will recognize a common law marriage that was validly formed in another state, such as Colorado, Texas, or Kansas, before a couple moved here. Under the Full Faith and Credit Clause of the U.S. Constitution, marriage is treated as fully legal in New York.
If the marriage is recognized, a formal divorce is required to end it. The New York divorce filing fee is $335, and the process follows the same equitable distribution rules that apply to all marriages in the state.
Legal Rights of Unmarried Couples in New York
Without a legal marriage, New York law provides no automatic protections for cohabiting couples. There is no right to equitable distribution of property, no spousal support, and no automatic inheritance rights.
New York Constructive Trust for Unmarried Couples
New York courts may apply a constructive trust remedy when one partner significantly contributed to property titled solely in the other’s name. To succeed, the claiming partner must prove a confidential relationship, a promise, and a transfer of value made in reliance on shared equity.
These cases are handled in civil court, not family court, and are considerably harder to win than a standard divorce proceeding.
New York City Domestic Partnership Registration
New York City offers domestic partnership registration under NYC Administrative Code Sections 3-240 through 3-245. Both partners must share a common residence, be at least 18 years old, and not be married or in another domestic partnership.
The registration fee is $35. Registered domestic partners receive limited city-level benefits, including hospital visitation rights and certain city employment benefits. These protections do not include equitable distribution of property, spousal support, or automatic inheritance rights.
New York Cohabitation Agreement
A cohabitation agreement is the most effective legal tool for unmarried couples in New York. It is a binding contract under New York contract law that covers property ownership, shared expenses, debt responsibilities, and financial support.
Both parties should have independent legal counsel when drafting one. Without this agreement, a partner who contributed years of income or labor to a shared home may leave with nothing if the relationship ends.
New York Inheritance Rights for Unmarried Partners
Without a will, New York intestate law passes assets to blood relatives, not unmarried partners. A will, trust, healthcare proxy, durable power of attorney, and beneficiary designations on retirement accounts and life insurance policies are essential for any unmarried couple in New York.
The Bottom Line for New York Residents
New York does not have common law marriage. No length of time living together creates it. If you share property, finances, or children with a partner in Manhattan, Brooklyn, or anywhere in New York State, speak with a qualified New York family law attorney today to protect your rights before a breakup, illness, or death makes that protection impossible to obtain.