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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32372
Experience:  Began practicing Family Law in 1992
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I plan on moving to Columbia and I know that Common Law

Customer Question

I plan on moving to Columbia and I know that Common Law Marriages "Union Libre" is allowed. If after 2 years this union ends then than the Common Law spouse is entitled to half of my possessions. Does that include my property in New York State, since ny does not recognize common law marriages.
Submitted: 4 months ago.
Category: Family Law
Expert:  JD 1992 replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The common law spouse would be entitled to half of hte community property which is property that was acquired during marriage, not the property that you owned prior to marriage unless you do something to change its character (such as adding your spouse's name to it).

However, if you get divorced in the United States then the divorce court will have jurisdiction over all property no matter where it is located. While NY doesn't have common law marriage, it does recognize common law marriages if they are entered into in a place where they are legal.

You may want to consider getting some type of pre-nuptial agreement or another agreement that says 1) the person isn't entitled to any property and 2) there is no common law marriage that will be entered into.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.