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    1000melochey's Avatar
    1000melochey Posts: 1, Reputation: 1
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    #1

    Feb 24, 2008, 11:15 AM
    Splitting with girlfriend after 2yr living together
    I was living with my girlfriend for 2yr. We had a wedding party, but We were never married under NYS LAW, We don't have any kids, She never worked, We don't owe a house or any property, Now we split up, I worked and I saved some $$ in my bank account. Can she sue me for anything? Thanks in advance
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #2

    Feb 24, 2008, 11:17 AM
    It doesn't sound like it. I don't know if NY recognizes common-law marriages, but even if they do it generally takes longer than 2 years to establish one.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Feb 24, 2008, 11:59 AM
    Quote Originally Posted by s_cianci
    It doesn't sound like it. I don't know if NY recognizes common-law marriages, but even if they do it generally takes longer than 2 years to establish one.

    No, no common law in NYS for a very long time. An Attorney recently posted in another thread that a common law marriage which begins in a State which recognizes common law (and there are only a couple) and then carries over into NYS can be recognized in NYS as a common law marriage. However, there was a recent Will challenge in Surrogate's Court and this argument was denied.

    So to the best of my knowledge, no common law in NYS and from what was posted I don't think there's any basis to sue anyone.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Feb 24, 2008, 12:01 PM
    Can you try and sue you, heck I could sue you for it, but she should not be able to win, unless she can prove she has some claim to the money.

    And of course is the money in a "joint" account ?
    talaniman's Avatar
    talaniman Posts: 54,327, Reputation: 10855
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    #5

    Feb 24, 2008, 12:40 PM
    She may have a shot in smal claims court, but if there was no agreement, or her name is not on the account, it won't be easy. If there are no children, and she never worked, what did she do all day, school I presume? Whose name is on the lease? Nosey ain't I.

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