Family · Common-Law Marriage
Common-Law Marriage in New York
Whether New York lets a couple become married without a license, whether it honors a common-law marriage formed elsewhere, the elements that count, and why the seven-year rule is a myth. Cited to the statute or controlling law.
The rules and exceptions in New York
Whether you can form one here, whether a marriage from another state is recognized, and the elements that actually matter.
| The rule in this state | What it means |
|---|---|
| No new common-law marriage | New York abolished common-law marriage on April 29, 1933. Domestic Relations Law §11 makes a marriage valid only if solemnized by an authorized officiant. Living together and calling yourselves married creates no marriage. |
| The "7 years" myth | No number of years of cohabitation makes a couple married in New York. The seven-year belief is a myth. |
| Pre-1933 marriages survive | A common-law marriage validly contracted in New York before April 29, 1933 remains valid. |
| Exceptions and details | What it means |
|---|---|
| Out-of-state marriage is recognized | New York recognizes a common-law marriage valid where it was contracted, under Matter of Mott v. Duncan Petroleum Trans. (1980). A couple who formed a valid common-law marriage in a recognizing state and then lived in New York is treated as married for divorce, inheritance, and benefits. |
| The claimant must prove it | The person asserting the marriage must prove it satisfied the other state’s requirements at the time and place it was formed. |
What you can do right now
Concrete, neutral steps to confirm your marital status in New York. This is legal information, not legal advice.
- Do not assume cohabitation makes you married
New York creates no common-law marriage. Without a solemnized marriage or a valid out-of-state one, you are not spouses in New York, no matter how long you have lived together.
- If you moved from a recognizing state, you may be married
A common-law marriage validly formed in Texas, Colorado, or another allowing state is recognized in New York under Mott. Keep records that prove the marriage met that state’s rules.
- Prove an out-of-state marriage
To be treated as married in New York, you must show the marriage was valid where formed. Collect evidence of the agreement, cohabitation, and holding out in that state.
- Talk to a New York family lawyer about status
Recognition of an out-of-state marriage is fact-specific. A licensed New York family attorney can assess it for divorce or inheritance. The State Bar can refer you to one.
Whether a common-law marriage exists or is recognized turns on specific facts and dates. This resource can connect you with a licensed family attorney who can assess it.
→ New York State Bar — Lawyer ReferralThis is general legal information, not legal advice. The elements, the dates, and out-of-state recognition can change the answer, so confirm your status with a licensed attorney.
What people get wrong about New York common-law marriage
New York has not allowed common-law marriage since it abolished the doctrine on April 29, 1933. Domestic Relations Law §11 makes a marriage valid only if it is solemnized by an authorized officiant, so a couple cannot become married simply by living together and holding themselves out as spouses, and the popular seven-year rule is a myth. What actually decides most people’s status is the recognition rule, which comes from case law rather than the statute. In Matter of Mott v. Duncan Petroleum Trans., New York’s highest court held that the state recognizes a common-law marriage valid where it was contracted. So a couple who formed a valid common-law marriage in a state that allows one, such as Texas or Colorado, and then moved to New York is treated as married for divorce, inheritance, and benefits. The person claiming the marriage has to prove it met the other state’s requirements. If you never married and never formed a valid one elsewhere, you have no spousal rights in New York.
Common questions
Does New York recognize common-law marriage?
Not new ones. New York abolished common-law marriage in 1933, and Domestic Relations Law §11 requires a marriage to be solemnized. But it recognizes a common-law marriage valid where it was contracted.
Is there a seven-year rule in New York?
No. No number of years of living together makes a couple married in New York. Only a solemnized marriage, or a valid out-of-state marriage, is recognized.
We were common-law married in another state and moved to New York. Are we married?
Generally yes. Under Matter of Mott, New York recognizes a common-law marriage valid where it was contracted. You would be treated as married for divorce, inheritance, and benefits.
What rights do unmarried couples have in New York?
No automatic spousal rights. Partners who never married, and never formed a valid marriage elsewhere, are not spouses under New York law, though they may have contract-based remedies for shared property.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.