Legal Question in Family Law in New York

Common Law

I have been engaged and living with a woman for 11 years. For the past 3 years I have been sleeping on the couch, we do not have dinner or share any kind of relationship together. We live separate lives and act like roommates. I am not happy and have asked her to leave. We have nothing in common and do not act as a couple. I will help her in any way I can. We have never set a wedding date and I have no plans on marring her since this relationship has been no where for some time. It was ''convenient'' for the both of us. We live in NYC. I am wondering if she has any legal claim to any of my assets of which she does not have her name on. Her name is not on the lease which I pay rent and bills or any property or assets I own. We have never filed a joint tax return and she has not used my last name. thank you.


Asked on 2/19/09, 1:02 pm

2 Answers from Attorneys

Kristen Browde Browde Law, P.C.

Re: Common Law

Based solely on the facts you present, no, she'd have no claim to your assets. However, a full review of your actions, communications and promises, if any, would be required before a definitive answer could be given.

The situation could be different with regard to the premises in which you live - she could have a claim to tenancy under Landlord-Tenant law.

Read more
Answered on 2/19/09, 1:08 pm
Kristen Browde Browde Law, P.C.

Re: Common Law

Based solely on the facts you present, no, she'd have no claim to your assets. However, a full review of your actions, communications and promises, if any, would be required before a definitive answer could be given.

The situation could be different with regard to the premises in which you live - she could have a claim to tenancy under Landlord-Tenant law.

Read more
Answered on 2/19/09, 1:08 pm


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