Answer A Question
Does New York State recognize common law marriage?
Asked by anonymous -
This question can also be asked as:
What is new york state common law agreement?
What is new york states common law agreement?
Is there any equitible distribution of assets for common law couples separating?
Highest Rated Answer
New York does NOT recognize common law marriage,
Common-law marriage (or common law marriage), sometimes called informal marriage or marriage by habit and repute is, historically, a form of interpersonal status in which a man and a woman are not legally married. The term is often mistakenly understood to indicate an interpersonal relationship that is not recognized in law. In fact, a common law marriage is just as legally binding as a statutory or ceremonial marriage in some jurisdictions
In Meister v. Moore, 96 U.S. 76 (1877), the United States Supreme Court, relying on Hutchins v. Kimmell, 31 Mich. 126 (1875) ruled that Michigan had not abolished common law marriage merely by producing a statute which established rules for the solemnization of marriages, because it did not require marriages to be solemnized ? it only required that, if a marriage were solemnized, it could only be solemnized as provided by law. Otherwise, the court found that, as the right to marry existed at common law, the right to marriage according to the tradition of that common law remained valid until such time as state law affirmatively changed it. The Court did not find it necessary to pass special legislation specifically outlawing the common law contract of a marriage, but it was sufficient for a state's general marriage statutes to clearly indicate no marriage would be valid unless the statutory requirements enumerated were followed.
Common-law marriage can still be contracted in the following jurisdictions: Alabama, Colorado, the District of Columbia, Iowa, Kansas, Montana, New Hampshire (posthumously), Oklahoma, Rhode Island, South Carolina, Texas, and Utah. Note there is no such thing as "common-law divorce" ? that is, you can't get out of a common-law marriage as easily as you can get into one. Only the contract of the marriage is irregular; everything else about the marriage is perfectly regular. People who marry per the old common law tradition must petition the appropriate court in their state for a dissolution of marriage.
Common-law marriage can no longer be contracted in the following states, as of the dates given: Alaska (1917), Arizona (1913), California (1895), Florida (1968), Georgia (1997), Hawaii (1920), Idaho (1996), Illinois (1905), Indiana (1958), Kentucky (1852), Maine (1652, when it became part of Massachusetts; then a state, 1820), Massachusetts (1646), Michigan (1957), Minnesota (1941), Mississippi (1956), Missouri (1921), Nebraska (1923), Nevada (1943), New Mexico (1860), New York (1933, also 1902?1908), New Jersey (1939), North Dakota (1890), Ohio (1991), Pennsylvania (2005), South Dakota (1959), and Wisconsin (1917).
Other Answers
Add Comment
|
Report This
Yes New York State recognizes common law marriages contracted from other states
Comments
We (my husband and I) moved from Pa to Ohio in 2001 in which Ohio recognized us as common law married because we considered ourselves husband and wife and because we moved from Pa who recognized common law marriages. My husband and I created the date 12/1/1996 as our marriage date. We had a special day on this date-alone, dinner, movie, motel, etc. Eventually (2001) we moved to Ohio who did not recognize common law at the time but accepted us as husband and wife because we moved from PA where common law is legal. We then moved to New York, another state that does not recognize common law marriage. Question ? Will New York accept/recognize/consider our marriage valid because we began in Pennsyalvania?
they should if they dont.
Comments
I just dont understand why Ny would not recognize common law marriages. I have been with my boyfriend for 7 years living in his home caring for him ,doing laundry,cleaning house,everything that a married woman would do for her husband. Now if we decide to seperate. I lose. I just dont think it's fair that I get absolutly nothing out of this relationship. So I ask myself, Why bother? because in the end I will just get walking papers and 7 years of my hard work and dedication. Foe what? I ask..
You stay only because you want to and because you are getting some mutual satisfaction out of the relationship. If not, leave or ask him/her to put provisions in place for you to offer you some 'remuneration". Marriage won't guarantee happiness or financial security