Law & Legal & Attorney Government & administrative Law

The Rights of Unmarried Couples in New York State

    Adoption

    • In September of 2010, Governor David Paterson signed a bill into law allowing unmarried partners to jointly adopt children. Although the law replaced the words "husband and wife" with "married couple," the statute also refers to unmarried partners who adopted children, or plan to do so in the future. These partners include both gay and straight couples.

    Property

    • Unmarried couples in New York State are allowed to co-own property, but not automatically inherit it if one partner should pass away (as is the case with married couples). In order to ensure that your loved one receives any jointly owned property upon your death, be sure to have a will, trust or estate that specifies the inheritance.

    Debt

    • Generally, unmarried couples have the right not to automatically incur each other's debts. This is unlike when a husband and wife divorce, and can be held responsible for monies that were loaned to the opposite partner during the marriage. Unmarried couples cannot be held liable for such debts unless they specifically agreed to do so (for example, co-signed a loan with their partners).

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