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HANSEN v. HANSEN5/7/1998
Michael Loy Hansen appeals the trial court's order dismissing his action against Laura T. Hansen for failure to establish a common law marriage under Utah Code Ann. § 30-1-4.5 (1995). We affirm.
BACKGROUND
On October 12, 1995, Mr. Hansen filed a Verified Complaint against Ms. Hansen, alleging that he and Ms. Hansen were married under Utah's common law marriage statute, Utah Code Ann. § 30-1-4.5 (1995), and requesting a divorce, child custody and support orders, and property distribution.
After an evidentiary hearing, the trial court entered Findings of Facts and Conclusions of Law. Applying a clear and convincing standard of proof to the evidence, the court found that Mr. Hansen and Ms. Hansen had been married and divorced prior to their recent cohabitation. Furthermore, during that cohabitation period, Mr. Hansen and Ms. Hansen had, at least for a time, held themselves out to some as being married. However, the parties did not refer to each other as husband and wife in public and their closest friends did not believe the two were married. In addition, although Mr. Hansen asked Ms. Hansen several times to formally remarry him, Ms. Hansen repeatedly rejected Mr. Hansen's proposals. Finally, although Ms. Hansen filed several insurance claims as Mr. Hansen's wife during the period, the parties filed separate tax returns for both years during which the parties cohabitated.
The trial court concluded that " oth parties are and were capable of giving consent, they were and are capable of entering a solemnized marriage under the provision of law, they cohabitated, and they mutually assumed marital rights, duties, and obligations. The parties did not, however, acquire a uniform reputation as husband and wife," and there was "no proof to the legal standard required that Laura consented to the existence of a marital relationship after the previous divorce." The court entered a Judgment of Dismissal on February 7, 1997.
Mr. Hansen subsequently filed a Motion to Alter or Amend Findings of Fact and Conclusions of Law, asserting that the trial court had applied the wrong standard of proof and that a marriage existed. He also argued that, if the trial court's decision were reversed on appeal, application of the time limitation in section 30-1-4.5 to this case would violate the Utah Constitution. The trial court denied the motion, and this appeal followed.
ISSUES AND STANDARDS OF REVIEW
Mr. Hansen presents two issues on appeal which we consider: (1) that the trial court erred in applying a clear and convincing standard of proof to the establishment of a marriage under Utah Code Ann. § 30-1-4.5 (1995); and (2) that, under a proper preponderance standard of proof, the factual findings support a determination that Mr. Hansen and Ms. Hansen were married.
"This court reviews the trial court's interpretation of section 30-1-4.5 . . . under a correctness standard." Bunch v. Englehorn, 906 P.2d 918, 920 (Utah Ct.App. 1995); see also State ex rel. R.N.J., 908 P.2d 345, 349 (Utah Ct.App. 1995) (stating whether trial court applied wrong standard of proof is question of law reviewed for correctness). Furthermore, application of a legal standard to undisputed facts presents a question of law; thus, if the trial court erred in the standard it applied, we may review the facts to determine whether they nevertheless support the trial court's decision under the correct standard. See Russell v. Thomson Newspapers, Inc., 842 P.2d 896, 905 (Utah 1992) (suggesting appellate court may review factual findings under corrected standard of proof).
ANALYSIS
On appeal, Mr. Hansen argues that the trial court erred in applying
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