Asked in Divorce for New York

Q: As a common law wife of 20 years, do I have any financial recourse from my spouse...

We had no children together and I didn’t work outside our home..I was solely dependent on my spouse financially.. we have one home in both our names, and a summer home in his name..

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2 Lawyer Answers
Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: unfortunately, NY does NOT recognize common law marriage therefore there is no equitable distribution.

Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Commack, NY
  • Licensed in New York

A: There is no "common law" marriage in NY. You are not married under the law. If there are joint accounts, you are entitled to those accounts as a joint signatory. You are still a joint owner of property in both names. But you are not entitled to anything that is not in your name.

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