What Does Utah Require for Common Law Marriage

Ms. Marie
Was Gary Coleman in a common law marriage with his ex-wife Shannon Price under the Utah Law?

Did Gary Coleman and Shannon Price request that the court recognize their relationship (post-divorce) as a marriage in order to establish what is known as common law marriage? It appears you must file a request to have a common law marriage recognized during your relationship in the state of Utah, or within one year after the end of your relationship.

What are common reasons for asking the court to recognize a common law marriage? In part, to deal with issues that arise when the relationship ends, such as property division, establishing child custody, or to establish survivor benefits...if one of the parties has died.

Utah courts may recognize a common law marriage if the following conditions are met:

1. Both parties are of legal marriage age and are able to give consent
2. Both parties are capable of being married
3. The parties live(d) together as man and wife
4. The parties assume(d) marital responsibilities and duties
5. The parties "held themselves out" as husband and wife, and others perceive(d) them to be married.

So, let's take a look at the Utah Code and see what it states:

Utah Code, Title 30 (Husband and Wife) Chapter 1 (Marriage)
Section 4.5 Validity of marriage not solemnized.
30-1-4.5. Validity of marriage not solemnized.

(1) A marriage which is not solemnized according to this chapter shall be legal and valid if a court or administrative order establishes that it arises out of a contract between a man and a woman who:

(a) are of legal age and capable of giving consent;
(b) are legally capable of entering a solemnized marriage under the provisions of this chapter;
(c) have cohabited;
(d) mutually assume marital rights, duties, and obligations; and
(e) who hold themselves out as and have acquired a uniform and general reputation as husband and wife.

2. The determination or establishment of a marriage under this section must occur during the relationship described in Subsection (1), or within one year following the termination of that relationship. Evidence of a marriage recognizable under this section may be manifested in any form, and may be proved under the same general rules of evidence as facts in other cases.

Can Shannon Price prove any of the following requirements were in fact met prior to her decision to pull the plug on Gary Coleman? Or did she knowingly deceive the police, hospital and world?

Published by Ms. Marie

Ms. Marie is a determined individual, she is an honest, hard working, dependable person. Her love and respect for people keeps her grounded. She is always willing to help others, yet understands that everyon...  View profile

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