In popular culture and everyday conversation, the concept of Common Law Marriage in NYC: Understanding the Law, Myths, and Legal Rightsis often misunderstood. Many people assume that if a couple lives together for a certain number of years, they automatically become legally married. While this idea has some legal basis in certain jurisdictions, New York State—and specifically New York City—does not recognize common law marriage. This article explores what common law marriage means, whether it applies in New York, how legal relationships are handled in NYC, and what unmarried couples need to know to protect their rights.
What Is Common Law Marriage?
A common law marriage is a legally recognized union between two people who live together and present themselves as a married couple—without going through a formal ceremony or obtaining a marriage license. Historically, this concept allowed couples in frontier areas or those with religious or financial constraints to be treated as legally married.
In states that recognize common law marriage, partners may be granted the same rights and responsibilities as those who have undergone a formal wedding, including:
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Property rights
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Inheritance
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Tax filing
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Spousal support after separation
However, each state has its own rules, and not all jurisdictions accept this form of marriage.
Does New York Recognize Common Law Marriage?
No, New York State does not recognize common law marriages. Regardless of how long a couple has lived together or whether they consider themselves “as good as married,” cohabitation alone does not create a legally binding marital relationship under New York law.
In order to be legally married in New York, couples must:
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Obtain a valid marriage license
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Participate in a recognized ceremony conducted by an authorized officiant
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File the marriage certificate with the appropriate municipal authorities
Without these formalities, a relationship in NYC is not considered a marriage in the eyes of the law.
Exceptions: Recognition from Other States
Although New York does not establish common law marriages, it does recognize valid common law marriages that were legally formed in other states. This means that if a couple entered into a common law marriage in a state where it is legally recognized, and they later move to NYC, New York will honor that relationship as a legal marriage.
Some of the U.S. jurisdictions that still recognize common law marriage include:
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Colorado
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Iowa
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Kansas
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Montana
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South Carolina
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Texas
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Utah (under specific circumstances)
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Washington, D.C.
So, if a couple met the criteria for common law marriage in one of those places before moving to New York, they retain their marital status.
Misconceptions About Cohabitation in NYC
In a diverse and densely populated city like New York, cohabitation without marriage is common. But despite popular belief, simply living together for a long time does not automatically create legal rights. Here are some common myths:
Myth 1: “Seven Years Equals Marriage”
There is a widespread myth that living together for seven years automatically creates a common law marriage. This is not true, especially in New York. No amount of time spent living together creates a marriage unless it’s recognized by a state that allows it.
Myth 2: “Joint Bank Accounts Mean We’re Married”
While shared finances may reflect a serious relationship, they do not create a legal marriage. Even sharing property or children does not result in automatic marital rights.
Myth 3: “We Called Each Other Husband and Wife, So It Counts”
Holding yourselves out as married may be a requirement in states that recognize common law marriage, but in New York, it has no legal effect without formal marriage procedures.
Legal Challenges for Unmarried Couples in NYC
Because common law marriage is not recognized, unmarried couples in New York lack many of the legal protections automatically given to married couples, such as:
1. Property Rights
If a couple breaks up and their property is not jointly titled, there is no automatic right to equitable distribution. The court cannot divide assets as it would in a divorce unless there’s a contract or specific ownership documentation.
2. Inheritance
Without a will, an unmarried partner has no legal right to inherit their partner’s estate. Even if the couple lived together for decades, the surviving partner would not be considered a legal heir unless named in a will or beneficiary designation.
3. Health and Hospital Decisions
Unmarried partners may be denied access to medical information or visitation unless legally designated as a health care proxy or named in hospital records.
4. Spousal Support (Alimony)
In the absence of a legal marriage, a partner cannot claim spousal support or maintenance after a breakup.
Protecting Your Rights as an Unmarried Couple
Despite the lack of common law marriage recognition, there are legal tools unmarried couples in NYC can use to safeguard their rights and interests:
1. Cohabitation Agreements
These are legal contracts that outline how property, debts, and financial responsibilities will be handled during and after the relationship. Think of it as a “prenup” for unmarried partners.
2. Wills and Estate Planning
To ensure your partner inherits your assets, you must create a will and designate them as a beneficiary. Without it, New York intestacy laws will not include an unmarried partner.
3. Health Care Proxy and Power of Attorney
Legal documents can authorize your partner to make medical or financial decisions on your behalf if you become incapacitated.
4. Joint Ownership and Beneficiary Designations
If you want to share property, bank accounts, or life insurance, be sure to list your partner as a co-owner or beneficiary.
Parenting and Child Support in Unmarried Relationships
New York law treats child custody and support similarly whether or not the parents are married. Both parents have legal obligations and rights regarding:
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Custody and visitation
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Child support
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Parental decision-making
However, establishing paternity can be more complex if the parents are not married, requiring additional documentation or court intervention.
Same-Sex Couples and Common Law Marriage
Same-sex couples have the same legal marriage rights as opposite-sex couples in New York. Before the 2015 Obergefell v. Hodges decision legalizing same-sex marriage nationwide, many LGBTQ+ couples relied on common law marriage in states that recognized it. If a same-sex couple entered into a valid common law marriage in such a state before moving to New York, their marriage should be recognized just like any other.
Recent Legal Trends and Policy
While New York continues to require formal marriage procedures, some legal scholars and advocates argue for broader recognition of long-term domestic partnerships, especially as more people choose not to marry. However, as of 2025, there is no indication that New York State plans to adopt common law marriage or significantly change its cohabitation laws.
That said, some cities and employers do offer limited recognition of domestic partnerships, which can grant benefits such as health insurance or leave policies—but these benefits do not equate to full marriage rights.
Conclusion: Know the Law, Protect Your Partnership
Common law marriage is not recognized in New York City or anywhere in the state, regardless of how long a couple lives together or how committed they may be. This legal reality can create complications for unmarried couples, particularly when it comes to property, inheritance, and health care rights.
The good news is that couples can take proactive legal steps to safeguard their interests. Through cohabitation agreements, estate planning, and formal designations, couples can enjoy many of the benefits of marriage—without having to legally tie the knot.
Still, it’s crucial to understand that love and longevity are not substitutes for legal protection. In a city as dynamic as NYC, where millions of diverse relationships flourish, knowing your rights is one of the most powerful tools you can have.