Common Law Marriage in New York
State-specific overview · Family Law
New York does not recognize common law marriage created within the state after 1933.
How New York treats Common Law Marriage
New York abolished common law marriage for unions created after April 29, 1933. However, the state recognizes common law marriages validly created in other jurisdictions before that date or in states that currently permit them. If a couple established a common law marriage in a state that recognizes it, New York will honor that marriage for legal purposes. This means New York residents cannot create a common law marriage locally, but may have one recognized if created elsewhere.
The general definition of Common Law Marriage
A marriage created by mutual agreement and cohabitation, without a formal ceremony or license.
Common law marriage is a legal marriage that exists without a wedding ceremony or marriage license, based simply on a couple's agreement to be married and their living together as spouses. Not all states recognize it, but those that do treat common law marriages the same as formal ones for purposes of property division, inheritance, and divorce. The couple must meet specific requirements, like living together for a certain period and presenting themselves publicly as married.
Read the full Common Law Marriage entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New York.