Definition of Common Law Marriage

Generally, Common Law Marriages are performed without making any official record of the union. It’s an informal marriage arrangement between bride and groom. As soon as people take the decision of living together as a husband and wife, they are considered common law partners. In other words, when two people agree to become married and establish residence in such a manner that their relationship may be generally known and reputed as husband and wife, then that’s a Common Law Marriage. Common Law Marriage is recognized in most of the US states, but in some states, the conditions for recognition are different.

Common Law Marriage in New York

In New York State, Common Law Marriage is not recognized, but there are a few exceptions. People who are living in New York but have established their relationship as husband and wife during their stay in another state where Common Law Marriage is recognized are considered equally legally valid in New York State, even though it was not formalized in New York. In New York State, for the purposes of divorce, a lawful New York resident will be considered a common law spouse if the couple has established Common Law Marriage during their stay at another state where it is recognized. In New York, Common Law Marriages may create some problems related to inheritance issues and claiming benefits.

For more information on the recognition of common law marriage, you can visit does nys recognize common law marriage.

Legal Terminology of Common Law Marriage in New York

The term legal terminology used within New York State codes includes different words such as “Unmarried Cohabitation,” “Cohabitation,” etc. For example, when two people live together as husband and wife and there is a history of marital relationship between them, however, they haven’t gone through the formalization process of marriage, then it’s considered as Common Law Marriage under NY State Codes. In NYC, for the purpose of marriage tax benefits, when two people live as unmarried individuals and they have officially registered their relationship as partners, and they do not hold the status of legally married or domestic partners or parents of a child, then this is commonly regarded as “Cohabitation” regarding tax benefits.

Hindrance for Educationalists when Explaining Legal Terminology

When it comes to explaining the technical legal definitions of common law marriage to English language learners, it can be confusing for students because the linguistics are not matching the definition of this term. The explanations of Common Law Marriage are one of those legal terminologies which are highly found in New York State Laws, simply because there is a difference in legal terminology used within different states.

Linguistics are Offsetting with the Laws

The term used legally under NYC as a Common Law Marriage is “unmarried couple cohabitation” that does not match the general definition of this term. In a broader sense, when we call couple partners or call them married life partners, we are referring to them as common law partners. During the times when lifestyle and values were diverse, cohabitation was officially allowed within the United Kingdom, and common law marriage was honored. For example, if a couple did not get married, they could still enjoy the benefits of marriage without legally getting married. But when we talk about the multicultural society of the present times, when people from different ethnicities reside in one place, this terminology should be explained by including the relevant linguistic terms from other languages as well.

Common Law Marriage has a History

Historically, it has been observed by scholars that during the 4th and 5th centuries in the area of the Roman Empire, unofficial marriages started taking place. In Roman Emperors, for the establishment of marriages, there were three steps to be taken: (1) Consent of both parties, (2) Consummation of the marriage, (3) Registration with the church. Over a period of time, the notion of marriage could be stretched to include couples other than legally married, with the large increase in couples residing together without being legally registered as a husband and wife. In England and Wales, this basically took place during the 18th and 19th centuries, as there is evidence that marriage was confusingly understood as a status rather than a formalized union.

Common Law Marriage Terminology should be explained

Usually, Common Law Marriage is considered common language, but it should be clarified that Common Law Marriage doesn’t mean obvious marriage. This is why, when explaining such legal terminology to English language learners, we must be as precise as possible. If there is no legal partner defined in another language, like for example a word like “Cohabitation” does not exist in Mandarin Chinese, then it needs to be explained in a simplified way, like using the term “Living together such as Lovers” is a good way of explaining it.

For further reading on the topic, you can check out the Wikipedia page on Common Law Marriage.