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[Utah Code Table of Contents]
[TITLE 30. Table of Contents]
30-2-2 Wife's right to contract, sue and be sued.
Contracts may be made by a wife, and liabilities incurred
and enforced by or against her, to the same extent and in
the same manner as if she were unmarried.
1953
30-2-3 Conveyances between husband and wife.
A conveyance, transfer or lien executed by either husband
or wife to or in favor of the other shall be valid to the
same extent as between other persons.
1953
30-2-4 Wife's right to wages - Actions for personal injury.
A wife may receive the wages for her personal labor, maintain
an action therefor in her own name and hold the same in her
own right, and may prosecute and defend all actions for the
preservation and protection of her rights and property as
if unmarried. There shall be no right of recovery by the
husband on account of personal injury or wrong to his wife,
or for expenses connected therewith, but the wife may recover
against a third person for such injury or wrong as if unmarried,
and such recovery shall include expenses of medical treatment
and other expenses paid or assumed by the husband.
1953
30-2-5 Separate debts.
(1) Neither spouse is personally liable for the separate debts, obligations, or liabilities of the other:
(a) contracted or incurred before marriage;
(b) contracted or incurred during marriage, except family expenses as provided in Section 30-2-9 ;
(c) contracted or incurred after divorce or an order for separate maintenance under this title, except the spouse is personally liable for that portion of the expenses incurred on behalf of a minor child for reasonable and necessary medical and dental expenses, and other similar necessities as provided in a court order under Section 30-3-5 , 30-4-3 , or 78-45-7.15 , or an administrative order under Section 62A-11-326 ; or
(d) ordered by the court to be paid by the other spouse under Section 30-3-5 or 30-4-3 and not in conflict with Section 15-4-6.5 or 15-4-6.7 .
(2) The wages, earnings, property, rents, or other income
of one spouse may not be reached by a creditor of the other
spouse to satisfy a debt, obligation, or liability of the
other spouse, as described under Subsection (1).
1995
30-2-6 Actions based on property rights.
Should the husband or wife obtain possession or control
of property belonging to the other before or after marriage,
the owner of the property may maintain an action therefor,
or for any right growing out of the same, in the same manner
and to the same extent as if they were unmarried.
1953
30-2-7 Husband's liability for wife's torts.
For civil injuries committed by a married woman damages
may be recovered from her alone, and her husband shall not
be liable therefor, except in cases where he would be jointly
liable with her if the marriage did not exist.
1953
30-2-8 Agency between husband and wife.
A husband or wife may constitute the other his or her
attorney in fact to control and dispose of his or her property
for their mutual benefit or otherwise, and may revoke the
appointment the same as other persons.
1953
30-2-9 Family expenses - Joint and several liability.
The expenses of the family and the education of the children
are chargeable upon the property of both husband and wife
or of either of them, and in relation thereto they may be
sued jointly or separately.
1953
30-2-10 Homestead rights - Custody of children.
Neither the husband nor wife can remove the other or their
children from the homestead without the consent of the other,
unless the owner of the property shall in good faith provide
another homestead suitable to the condition in life of the
family; and if a husband or wife abandons his or her spouse,
that spouse is entitled to the custody of the minor children,
unless a court of competent jurisdiction shall otherwise
direct.
1977
30-2-11 Action for consortium due to personal injury.
(1) For purposes of this section:
(a) "injury" or "injured" means a significant permanent injury to a person that substantially changes that person's lifestyle and includes the following:
(i) a partial or complete paralysis of one or more of the extremities;
(ii) significant disfigurement; or
(iii) incapability of the person of performing the types of jobs the person performed before the injury; and
(b) "spouse" means the legal relationship:
(i) established between a man and a woman as recognized by the laws of this state; and
(ii) existing at the time of the person's injury.
(2) The spouse of a person injured by a third party on or after May 4, 1997, may maintain an action against the third party to recover for loss of consortium.
(3) A claim for loss of consortium begins on the date of injury to the spouse. The statute of limitations applicable to the injured person shall also apply to the spouse's claim of loss of consortium.
(4) A claim for the spouse's loss of consortium shall be:
(a) made at the time the claim of the injured person is made and joinder of actions shall be compulsory; and
(b) subject to the same defenses, limitations, immunities, and provisions applicable to the claims of the injured person.
(5) The spouse's action for loss of consortium:
(a) shall be derivative from the cause of action existing in behalf of the injured person; and
(b) may not exist in cases where the injured person would not have a cause of action.
(6) Fault of the spouse of the injured person, as well as fault of the injured person, shall be compared with the fault of all other parties, pursuant to Sections 78-27-37 through 78-27-43 , for purposes of reducing or barring any recovery by the spouse for loss of consortium.
(7) Damages awarded for loss of consortium, when combined with any award to the injured person for general damages, may not exceed any applicable statutory limit on noneconomic damages, including Section 78-14-7.1 .
(8) Damages awarded for loss of consortium which a governmental
entity is required to pay, when combined with any award to
the injured person which a governmental entity is required
to pay, may not exceed the liability limit for one person
in any one occurrence under Title 63, Chapter 30d, Governmental
Immunity Act of Utah.
2005
