[GeoGeo]

Just when you think you've heard it all. I just read that a Utah woman's case went all the way to the State Supreme Court. She won. She can marry her boyfriend.......her dead boyfriend......who has been dead for 4 years. He is now her husband.

[dewilson58]

I smell money.

[TheVillageChicken]

Well, dead people vote, so............

[kcrazorbackfan]

....and, a whole lot of dead people receive government aid. Does anything really surprise you anymore?

[2BNTV]

Originally Posted by dewilson58

I smell money.

Follow the money.

[dbussone]

Wow! That's all I can say. Wow!

[TexaninVA]

Originally Posted by TheVillageChicken

Well, dead people vote, so............

Excellent point ... since dead people are apparently eligible to vote in many areas of the country, why not marry as well?

[blueash]

And for those who are interested in the actual facts of the case, the court decision and legal reasoning are available online at
Utah Supreme Court allows woman to marry dead boyfriend

The summary is that an elderly couple had lived together as man and wife for 3 years, presenting themselves as if married. This situation complies with the not quite common law marriage law of Utah. When the man died he named his "wife" as the executor of his small estate. Because of his wife's religious beliefs (not further explained) she wished to have the common law marriage solemnized posthumously which is part of Utah law. The man had no children, the initial court approved the recognition of the marriage and then some step grandchildren and cousins contested it. It worked its way up to the Supreme Court of Utah which held that the marriage was legally entered and dealt with some complex issues of timing of appeals and notices.

Here are the rules for solemnizing a marriage without ceremony in Utah. Note the part about within one year of the death

"Many people want to get a "common law marriage." Utah does not have common law marriage; instead, you may petition the court to recognize your relationship as a marriage even though you never had a marriage ceremony. If the court approves, the man and woman will be considered to have been married ever since the following conditions have been met. The parties should be prepared to present evidence that the marriage arises out of an agreement between a man and a woman who:
•are of legal age and capable of giving consent;
•are legally capable of entering a solemnized marriage; (For example, there are no reasons, such as a close family relationship, preventing the parties from legally marrying.)
•have lived together;
•treat each other as though they are married; and
•present themselves to the public so that other people believe they are married.

The petition to have a relationship recognized as a marriage must be filed during the relationship or within one year after the relationship ends (one or both partners have died or the partners have separated). Either partner may file the petition or both partners may file the petition together. A third party, such as next of kin, may file the petition."

[Buffalo Jim]

Blueash : Thanks for the detailed explanation . Much appreciated .

[MikeV]

What!

[dbussone]

Originally Posted by blueash

And for those who are interested in the actual facts of the case, the court decision and legal reasoning are available online at
Utah Supreme Court allows woman to marry dead boyfriend

The summary is that an elderly couple had lived together as man and wife for 3 years, presenting themselves as if married. This situation complies with the not quite common law marriage law of Utah. When the man died he named his "wife" as the executor of his small estate. Because of his wife's religious beliefs (not further explained) she wished to have the common law marriage solemnized posthumously which is part of Utah law. The man had no children, the initial court approved the recognition of the marriage and then some step grandchildren and cousins contested it. It worked its way up to the Supreme Court of Utah which held that the marriage was legally entered and dealt with some complex issues of timing of appeals and notices.

Here are the rules for solemnizing a marriage without ceremony in Utah. Note the part about within one year of the death

"Many people want to get a "common law marriage." Utah does not have common law marriage; instead, you may petition the court to recognize your relationship as a marriage even though you never had a marriage ceremony. If the court approves, the man and woman will be considered to have been married ever since the following conditions have been met. The parties should be prepared to present evidence that the marriage arises out of an agreement between a man and a woman who:
�are of legal age and capable of giving consent;
�are legally capable of entering a solemnized marriage; (For example, there are no reasons, such as a close family relationship, preventing the parties from legally marrying.)
�have lived together;
�treat each other as though they are married; and
�present themselves to the public so that other people believe they are married.

The petition to have a relationship recognized as a marriage must be filed during the relationship or within one year after the relationship ends (one or both partners have died or the partners have separated). Either partner may file the petition or both partners may file the petition together. A third party, such as next of kin, may file the petition."

I'm so happy i'm neither an attorney nor current/past resident of Utah.

[DonH57]

Talk about being ripe for a picking!!!

[tomwed]

I'll bet the honeymoon left a lot to be desired.

[manaboutown]

I understand a marriage can be annulled in some states for failure to consummate (after the marriage). With a stiff? Brrrr!!!!

Is that true in Utah?

[DougB]

I guess he was dying to marry her.