Does New York State Have Common Law Marriage?

No, New York State does not have Common Law Marriage.  Even if you have been with your Significant Other for years or even decades, when you aren’t able to make decisions for yourself, your Significant Other may be blocked from helping you, or even being with you.  If you are not legally married, you may not be treated as Spouses without first setting a plan in effect.

If you want to authorize your Significant Other to make Medical Decisions when you can’t, you must name them as an Agent on your Health Care Proxy.

If you want to authorize your Significant Other to make Financial Decisions for you, you must name them as an Agent on your Power of Attorney.

If you and your Significant Other own property together, you should have an Attorney review your Deed to advise you on what would happen to the property if one of you dies.  If you live together, but only one of you is on the Deed, the survivor could suddenly end up without a place to live.

If you want to leave money or property to your Significant Other, or if you want them to be responsible for your Estate if something happens to you, then you must name them in your Last Will and Testament.

If you'd like more information, contact MCV Law to set up an Estate Planning Consultation!

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