Common Law Marriage in New York: Is It Recognized in NY?
Short answerNo. New York has not allowed couples to form a common law marriage since April 29, 1933, and living together never makes you married. The state does recognize a common law marriage that was validly formed in another state, under Domestic Relations Law (DRL) §§ 11 and 13 and court rulings.
Last verified: October 26, 2026 against the Domestic Relations Law, Estates, Powers and Trusts Law, Appellate Division decisions and Social Security Administration guidance
Does New York have common law marriage? Not for couples who simply live together here. Common law marriage in New York ended on April 29, 1933, and no length of time together, shared bills or joint holidays turns a couple into spouses. A New York marriage needs a license and a ceremony.
There is one important exception. If you and your partner formed a valid common law marriage in a state that still allows it, New York courts generally treat you as married. This page explains how that works, what the rules are for marrying in New York, and what unmarried couples can do. It is general information, not legal advice.
Key facts
- Formed in New York: not recognized. Abolished by Laws of 1933, chapter 606, effective April 29, 1933.
- Formed in another state: recognized if it was valid where it was formed.
- Years needed: none. No number of years together creates a marriage in NY.
- Ceremony: required, performed by an authorized officiant (
DRL § 11). - License: required, with a 24-hour wait before the ceremony and 60 days to use it (
DRL §§ 13 and 13-b). - Divorce: only legally married people can divorce. A recognized out-of-state common law marriage needs a divorce to end.
Does New York recognize common law marriage?
No, not when the couple formed it inside New York. The Appellate Division, Second Department, put it plainly in Baron v Suissa, 74 AD3d 1108 (2010): New York does not recognize common law marriages contracted within its borders.
The Domestic Relations Law explains why. DRL § 10 calls marriage a civil contract that needs the consent of the parties, and DRL § 11 says no marriage is valid unless it is solemnized by an authorized person. Consent alone is not enough.
A couple that lives together here for 5, 10 or 30 years, shares a lease and calls each other husband and wife is still unmarried in the eyes of New York law. Terms like “common law wife” or “common law husband” have no legal meaning for a New York relationship.
When did New York end common law marriage?
Common law marriage ended in New York on April 29, 1933. The change came through an amendment to the Domestic Relations Law (Laws of 1933, chapter 606), according to a New York State Department of Taxation and Finance legal opinion.
The same opinion explains that a common law marriage formed before that date remains valid if the two people were free to marry. Today that matters only in rare family-history or estate questions.
Does New York recognize common law marriage from another state?
Yes. New York courts follow a simple rule: a common law marriage contracted in a sister state is recognized here if it was valid where it was formed. The Second Department repeated that rule in Matter of Catapano, 17 AD3d 672 (2005), relying on the Court of Appeals decision in Matter of Mott v Duncan Petroleum Trans., 51 NY2d 289 (1980).
In Catapano, a man proved a valid common law marriage formed in Pennsylvania and was treated as the surviving spouse of the person who died. In Baron v Suissa, a woman who claimed marriages under Pennsylvania and District of Columbia law lost, because the court found no valid marriage in either place.
So the question is never “how long have we lived together in New York?” The question is whether a valid marriage was formed in the other state, under that state’s rules and with proof.
Which states still allow common law marriage?
The Social Security Administration lists Colorado, the District of Columbia, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, Texas and Utah as places that recognize common law marriage. New Hampshire’s rule is narrow, so check the details before relying on it. Lists change, so confirm with that state’s own statutes or courts.
Pennsylvania, right next door, recognizes a common law marriage only if it was formed on or before January 1, 2005. Couples who start living together there today cannot form one.
How many years is a common law marriage in NY?
There is no number. New York has no “7 years” or “10 years” rule, and time together does not create a marriage here. The old idea of a magic number is a myth.
States that allow common law marriage look at what the couple agreed to and how they behaved. In Pennsylvania before 2005, for example, the Catapano court described the test as a present-tense exchange of words made to create a marriage, proven by clear and convincing evidence.
Does visiting or moving to a common law state make us married?
Usually not by itself. Courts look at whether the couple really formed a marriage there, and a short trip may not be enough. In Baron v Suissa, the court pointed to the brief and sporadic visits to the other jurisdictions, along with documents showing the couple still saw themselves as unmarried, when it rejected the claim.
A New York couple that spends a weekend in Colorado or Texas should not assume they are now married. If the stakes are high, such as an estate or a pension, speak to a New York-licensed family law attorney before relying on this theory.
What does it take to marry in New York?
You need three things: a marriage license, an authorized officiant and a ceremony. This applies in New York City and everywhere else in the state.
| Step | New York rule | Source |
|---|---|---|
| License | Both people obtain a license from a town or city clerk in New York and give it to the officiant before the ceremony | DRL § 13 |
| Waiting period | No ceremony within 24 hours after the license is issued, unless a court of record authorizes it | DRL § 13-b |
| Expiration | No ceremony after 60 days from the date the license is issued (with a veterans exception) | DRL § 13-b |
| Officiant | A clergy member, certain judges and officials, or a one-day officiant designated by a clerk | DRL § 11 |
| Same-sex couples | A license cannot be denied because the parties are of the same sex | DRL § 13 |
Who can officiate is wider than many people expect. DRL § 11 lists clergy and ministers, many elected officials, certain judges, state legislators and one-day marriage officiants named by a town or city clerk. Couples may also marry by a written contract signed by both parties and two witnesses and acknowledged before a judge of a court of record.
One related rule helps people who married in good faith. Under DRL § 25, a marriage between adults is not void just because the couple failed to get a license. It still must be solemnized, so this is no backdoor to a no-ceremony marriage.
New York City rules and domestic partnerships
New York City follows the same state rules on marriage and does not allow common law marriage. Anyone who performs ceremonies in the city must first register with the city clerk under DRL § 11-b.
New York City note: The city also offers domestic partnership registration under the NYC Administrative Code, sections 3-240 to 3-245. A domestic partnership is not a marriage. To register, both partners must be at least 18, not married, not barred from marrying by blood relation, and in a committed relationship in which they live together, and at least one must live in the city or work for it.
A domestic partnership can give access to certain city benefits, but it does not create the legal rights of a spouse in divorce or inheritance cases. Treat it as a separate status.
What are the risks for unmarried couples in New York?
Unmarried partners do not automatically get spousal rights. That can affect inheritance, health care decisions, taxes, housing and benefits, so it pays to plan.
| Issue | If you are married | If you are only living together |
|---|---|---|
| Dying without a will | A spouse receives the whole estate if there are no children, or $50,000 plus half of the rest if there are children (EPTL § 4-1.1) | A partner has no automatic share under that rule |
| Ending the relationship | Divorce under DRL § 170, with court rules on property and support | No divorce. Property disputes are handled as ordinary legal claims |
| Social Security | Spousal rules can apply | The SSA treats New York as not recognizing common law marriage after April 29, 1933, unless validly formed elsewhere |
A will, a health care proxy, a power of attorney and clear written agreements about property can fill many of the gaps. Our housing and property section covers leases and shared homes, and our work and pay section covers employee benefits.
Timeline of common law marriage in New York
- 1933: Laws of 1933, chapter 606 ends common law marriage in New York, effective April 29, 1933.
- 1980: the Court of Appeals decides Mott v Duncan Petroleum Trans., 51 NY2d 289, the main case for recognizing valid out-of-state common law marriages.
- January 1, 2005: Pennsylvania’s cutoff date, after which couples there cannot form new common law marriages.
- 2005 and 2010: the Second Department decides Catapano (recognized) and Baron v Suissa (not recognized).
Myths and facts
- Myth: After 7 years together, you are married in New York. Fact: No amount of time creates a marriage here.
- Myth: A shared lease and shared bank account make you spouses. Fact: They may matter in other disputes, but they do not create a marriage.
- Myth: New York ignores common law marriages entirely. Fact: It recognizes a valid one formed in another state.
- Myth: A weekend in Texas makes you married. Fact: The couple must actually form a valid marriage under that state’s rules, and courts want proof.
What should you do if this affects you?
Start by gathering proof of where and when you lived together, any statements to others about being married, tax returns and any documents that call you spouses or single. Then decide whether the claim depends on another state. If it does, a New York-licensed family or estates attorney can look at that state’s law.
Frequently asked questions
Does ny have common law marriage?
No. New York ended common law marriage on April 29, 1933. Couples who live together here, however long, are not married. The state does recognize a common law marriage that was validly formed in another state that allows it.
Is New York a common law state?
No. New York is not a state where couples can form a common law marriage. The Appellate Division has said New York does not recognize common law marriages contracted within its borders, though it respects valid ones from other states.
Is common law marriage recognized in NY if we moved from Texas?
It can be. If you validly formed a common law marriage in Texas, New York courts generally treat it as valid here. You would need to show you formed the marriage under Texas rules, which a court will test with evidence.
Do common law spouses need a divorce in New York?
Yes, if the marriage is a valid out-of-state common law marriage. Courts treat the couple as married, so ending it takes a divorce under the Domestic Relations Law, as explained in our New York divorce laws guide. Living apart does not end the marriage.
Can I be a common law wife in NY and inherit?
Not based on living together in New York. A partner without a legal marriage has no automatic share under EPTL § 4-1.1. A valid out-of-state common law marriage is the exception, and a will can name your partner directly.
Can unmarried couples register in New York City?
Yes, eligible couples can register as domestic partners under the NYC Administrative Code. It is not a marriage, so it does not create the rights that come from a marriage license and ceremony.
What changed on this page
- October 26, 2026: first publication, checked against
DRL §§ 10, 11, 13, 13-b and 25,EPTL § 4-1.1, the Second Department decisions in Catapano and Baron, and SSA guidance last updated May 30, 2023. Spotted a mistake? See our corrections page and editorial policy.
If this affects you
For a marriage license, contact your town or city clerk, or the New York City Clerk in the five boroughs. For a dispute over property, a divorce or an estate, talk to a New York-licensed family law or estates attorney. The New York State Bar Association lawyer referral service can help you find one. For more topics in this area, browse marriage, family and kids laws.
