Living Together Is Not Marriage
Dom. Rel. Law § 11 — no marriage is valid unless solemnized
In New York, no marriage is valid unless it is solemnized by one of the officials the statute lists, or made by the written contract it describes. Living together, however long, is not on the list.
- A clergyman or minister of any religion, or a leader of a listed Society for Ethical Culture.
- Certain public officials, including judges of the courts, mayors, county executives and some city clerks, and a member of the state legislature who charges no fee.
- A one-day marriage officiant designated by a town or city clerk.
- A written contract of marriage signed by both parties and at least two witnesses, stating their residences and the date and place, and acknowledged before a judge of a court of record of the state.
No set words, one witness. No particular form or ceremony is required, but the parties must solemnly declare, before the officiant and at least one witness besides the officiant, that they take each other as spouses. Marriages among Quakers and other denominations with their own mode of solemnizing are valid when made in that manner.
The license. A marriage between persons of full age is not void merely because no marriage license was obtained, though the license provisions apply to those who marry by written contract.
Under eighteen. Where either party is under the age of eighteen years, only clergy, a mayor or county executive, certain judges, or the clerk of a city of over one million inhabitants may solemnize the marriage.
| The assumption | What the law actually does |
|---|---|
| The assumptionLiving together for years makes a common-law marriage | What the law actually doesNo marriage is valid unless solemnized or made by the written contract the statute describes |
| The assumptionA marriage without a license is void | What the law actually doesA marriage between persons of full age is not void merely for lack of a license |
Property and support between unmarried partners, and a marriage validly made in another place, are not on this page. What a particular situation carries is a question for a licensed New York attorney.
Sources for this section (3)
- Dom. Rel. Law § 11 — By whom a marriage must be solemnized
- Dom. Rel. Law § 12 — Marriage, how solemnized
- Dom. Rel. Law § 25 — License, when to be obtained
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.