Richards v. Brown, 2012 UT 14,
March 13, 2012
Richards and Brown were never married. Richards attempted to prove the existence of
a common law marriage. The trial court found that Richards had
failed to prove the existence of an unsolemnized marriage within the 1-year
statute of repose because Richards failed to file the action within one year of
his cohabitation with Brown. Richards
appealed. See Richards v. Brown, 2009 App. UT 315. The Court of Appeals reversed the trial court
and found that Richards was not necessarily time barred and that while the
cohabitation may have ended more than a year before filing, the Court failed to
make sufficient findings that the underlying relationship ended more than one
year prior to the filing of the action.
Brown Appealed.
The Supreme Court affirmed the
Court of Appeals and sent the case back to trial court to determine when a
triggering event occurred. The statue of repose begins to run only when one of
the parties: stops assuming marital rights, duties, and obligations; stops
holding himself or herself out as the spouse of the other party; or loses legal
capacity. Termination of cohabitation
does not necessarily trigger the statute of repose.
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