Unmarried Couples in New York: Your Legal Rights When You Break Up

You spent fifteen years building a life with your partner. The house is in their name, but you paid half the mortgage. You raised children together, merged your finances, and told everyone you were a family. Now the relationship is over — and you are discovering that New York law treats you very differently than it would treat a divorcing spouse.

This article explains what unmarried partners in New York are — and are not — entitled to when they separate, and the legal theories that can still protect you.

The Starting Point: There Is No Common-Law Marriage in New York

New York abolished common-law marriage effective April 29, 1933, when the Legislature amended Domestic Relations Law § 11 (L. 1933, ch. 606). Since that date, no amount of cohabitation, shared finances, or "holding out" as spouses creates a marriage inside New York. There is no seven-year rule. There is no ten-year rule. A couple that lives together in Brooklyn for thirty years is, in the eyes of New York law, legally single.

The one major exception: if you formed a valid common-law marriage in a state that allows it and then moved here, New York will generally recognize it. That can change everything, and we cover it in detail in our guides to common-law marriage recognition in New York and which states still allow common-law marriage.

What Unmarried Partners Do Not Get

Marriage is the gateway to New York's entire economic framework for separating couples. Without it, the default rules are stark:

No equitable distribution. The equitable distribution regime of Domestic Relations Law § 236(B) — the system that divides "marital property" acquired during a marriage — applies only to spouses. If the house, the brokerage account, or the business is titled in your partner's name, there is no presumption that you share in it, even if it was acquired while you were together.

No spousal maintenance. Post-separation maintenance (alimony) is a creature of the marriage statutes. A former cohabitant has no right to support for themselves, regardless of the length of the relationship or their economic dependence during it.

No "palimony." New York never adopted the California-style palimony doctrine. In Morone v. Morone, 50 N.Y.2d 481 (1980), the Court of Appeals refused to imply a contract from the fact that two people lived together as a couple — while holding, importantly, that express agreements between unmarried partners are enforceable. More on that below.

No automatic inheritance. An unmarried partner is not a "distributee" under New York's intestacy statute (EPTL 4-1.1), so if your partner dies without a will, you inherit nothing by default. The spousal elective share (EPTL 5-1.1-A) — the rule that prevents a spouse from being disinherited — likewise protects only spouses.

What You Can Claim: Five Theories That Work

1. An Express Agreement — Even an Oral One

Under Morone v. Morone, New York courts enforce express contracts between unmarried partners — including oral ones. If your partner expressly promised that you would share in the house, the business, or the savings in exchange for your contributions, that promise is a contract, and it can be enforced like any other.

The catch is proof. An oral agreement usually comes down to your word against your ex's, told to a skeptical judge. Courts will not infer an agreement from the relationship itself — loving conduct, shared housekeeping, and joint child-rearing are not evidence of a contract in New York. This is exactly why we recommend a written cohabitation agreement for any couple building assets together outside marriage.

2. Constructive Trust

Equity can impose a "constructive trust" on property your ex holds when it would be unjust for them to keep it. Under Sharp v. Kosmalski, 40 N.Y.2d 119 (1976), the elements are (1) a confidential or fiduciary relationship, (2) a promise, (3) a transfer made in reliance on that promise, and (4) unjust enrichment. The Court of Appeals has stressed that these are flexible guidelines, not a rigid checklist (Simonds v. Simonds, 45 N.Y.2d 233 (1978)).

The classic fact pattern: one partner deeds their interest in a home to the other — or pours money and labor into a home titled in the other's name — relying on a promise that "this will always be our house." When the relationship ends and the titled partner claims sole ownership, a constructive trust claim asks the court to undo the unjust enrichment.

3. Partition of Jointly Titled Property

If your name is on the deed, you do not need a divorce court to get your share. A co-owner of real property — a joint tenant or tenant in common — may bring a partition action under RPAPL § 901 to force the sale (or physical division) of the property and an accounting of each side's contributions: down payments, mortgage payments, taxes, improvements. Partition is often the cleanest remedy an unmarried homeowner has.

4. Joint Bank Accounts

Money in a true joint account is presumptively joint property. Banking Law § 675 makes the form of the account "prima facie evidence" that the depositors intended a joint tenancy — each owner has rights to the funds, and the survivor takes the balance at death. The presumption can be rebutted (for example, an account opened purely for convenience), but the burden falls on the person challenging it.

5. Your Children's Rights Are Unaffected

Nothing about being unmarried changes your children's rights or your parental rights. Custody and parenting time are decided under the same best-interests standard that applies to married parents, and child support follows the same Child Support Standards Act formula — 17% of combined parental income for one child, 25% for two, and so on, up to the 2026 cap of $193,000 (see our NY support calculator and our guide to support above the cap). For unmarried parents these cases proceed in Family Court, and legal parentage (for example, paternity establishment) is the first step.

The House: The Three Scenarios We See Most

Title in your ex's name, you paid toward it. Your potential claims are express agreement and constructive trust — built on proof of the promise and your transfers in reliance (canceled checks, transfers, renovation invoices, texts and emails discussing "our house").

Title in both names. You have a property right regardless of any agreement. Partition under RPAPL § 901 forces a sale and divides proceeds, with credits for unequal contributions.

Rented home, one name on the lease. The non-tenant partner generally has no property claim, though notice and occupancy questions can arise. Move quickly to protect your housing and your belongings.

Act Quickly — These Claims Have Deadlines

Contract and constructive trust claims are governed by statutes of limitations that can begin running from the breakup, from a repudiation of the promise, or from other trigger events. Evidence also goes stale: accounts get closed, records get discarded, and memories fade. If significant property is at stake, speak with counsel promptly rather than negotiating informally for years.

Protecting Yourself Going Forward

If you are staying in a long-term relationship without marrying, three documents do most of the work: a written cohabitation agreement settling property and support expectations; wills and health-care directives (because intestacy gives your partner nothing); and deliberate titling of homes and accounts to match your actual intentions. Couples who plan on marrying can address the same issues in a prenuptial agreement.

Frequently Asked Questions

Is there palimony in New York?

Not as a standalone doctrine. New York courts will enforce an express agreement between unmarried partners — including a promise of support — under Morone v. Morone, 50 N.Y.2d 481 (1980). But no support obligation is implied from the relationship itself, no matter how long you lived together or how financially dependent one partner became.

If we live together for 7 years in New York, are we married?

No. The "seven-year rule" is a myth everywhere, and New York abolished common-law marriage entirely in 1933. No length of cohabitation creates a marriage in New York. The only common-law marriages New York recognizes are those validly formed in another state that allows them.

I paid toward a house that's in my ex-partner's name. Can I get anything back?

Possibly. The two main theories are an express agreement (your ex promised you an interest, and you can prove it) and a constructive trust under Sharp v. Kosmalski, 40 N.Y.2d 119 (1976) — a confidential relationship, a promise, transfers made in reliance, and unjust enrichment. Gather every record of your contributions before you assert the claim.

Can I get child support if we were never married?

Yes. Child support does not depend on marriage. Once parentage is established, the CSSA formula applies exactly as it would for divorcing parents — 17% of combined parental income for one child, 25% for two, up to the $193,000 cap (2026), with the court addressing income above the cap separately. Custody and parenting time are likewise decided under the same best-interests standard.

My unmarried partner died without a will. Do I inherit anything?

By default, no. An unmarried partner is not an heir under New York's intestacy statute (EPTL 4-1.1), and the spousal elective share (EPTL 5-1.1-A) protects only spouses. You would take only assets that pass outside the estate — joint accounts with survivorship (Banking Law § 675), jointly held real estate with survivorship rights, and beneficiary designations. This is why estate planning is essential for unmarried couples.

This article is attorney advertising and is provided for informational purposes only. It does not constitute legal advice, and reading it does not create an attorney-client relationship. Every case is different; consult a qualified New York matrimonial attorney about your specific situation.