Which statement describes recognition of out-of-state common law marriages in New York?

• A. Out-of-state common law marriages are recognized in NY
• B. They are never recognized
• C. They are recognized only if the couple resides in NY
• D. Recognition depends on a court decision

Answer: (A)

New York will treat a common-law marriage as valid if it was validly formed in another state. Even though New York itself does not create new common-law marriages, it recognizes those formed elsewhere under the other state’s law, and the couple is considered married here. This recognition follows the idea that civil status judgments honored by one state are given effect in another. So, a couple who validly created a common-law marriage in a different jurisdiction will be treated as married in New York for purposes like inheritance, divorce, and spousal rights. The other options don’t fit because New York does recognize such marriages (it’s not “never” recognized), residency in New York isn’t what triggers recognition, and a court decision isn’t required for recognition—validity where created suffices.