A. Mr. Speed and Ms. Roberts Mutually Assumed Marital Rights, Duties, and Obligations.

A couple mutually assumes marital duties, rights, and obligations if a couple collectively manages financial matters. Kelley v. Kelley, 9 P.3d 171, 176 (Utah Ct. App. 2000). In Clark, the couple maintained joint checking and credit accounts, jointly filed income tax returns, and jointly purchased real estate holdings. Clark v. Clark, 27 P.3d 538, 542(2001). The court held that the couples collective management of finances suggests that they mutually assumed marital rights, duties, and obligations. Id. However, filing separate income tax returns may suggest that a couple does not mutually assume duties, rights, and obligations. In Hansen, the husband and wife filed separate income tax returns, and the court held that the couple did not mutually assume marital rights, duties, and obligations. Hansen v. Hansen, 958 P.2d 931, 933 (Utah Ct. App. 1998). In addition, a couple mutually assumes marital rights, duties, and obligations if they demonstrate expressions of a long-term commitment Kelley v. Kelley, 9 P.3d 171, 177 (Utah Ct. App. 2000). In Kelley, the husband gave the wife an anniversary card expressing his love and desire to spend another fifteen years together. Id. While cohabiting, the couple also continued to maintain sexual relations. Id. The court held that these actions were evidence of a

mutual assumption of marital rights, duties, and obligations by the couple. In contrast, in Hansen, the wife had an intimate relationship with another person other than the husband. Hansen v. Hansen, 958 P.2d 931, 936 (Utah Ct. App. 1998). The court held that the wifes intimate relationship with a person other than the husband suggests a lack of mutual assumption of marital rights, duties, and obligations. Id. Turning to our facts, both Mr. Speed and Ms. Roberts most likely have mutually assumed marital rights, duties, and obligations because they collectively managed financial matters together. Mr. Speed and Ms. Roberts received new credit cards from their joint credit accounts as well as new checks from their joint banking accounts which shows that they held joint credit and banking accounts. Mr. Speed also had deposited one of Ms. Roberts checks, further emphasizing their collective management of financial matters. Like the couple in Clark, Mr. Speed and Ms. Roberts jointly purchased and owned property. It is unclear whether the couple filed joint income tax returns. Further inquiry may shed light on the issue. If Mr. Speed and Ms. Roberts filed separate income tax returns, the case in Hansen may suggest that the couple did not mutually assume marital rights, duties, and obligations. Mr. Speed and Ms. Roberts have also most likely mutually assumed marital rights, duties, and obligations because they demonstrated expressions of a long-term commitment. To demonstrate

expressions of a long-term commitment, a couple can celebrate anniversaries, express sentiments of love, and maintain sexual relations. Id. With regards to celebrating anniversaries, Mr. Speed and Ms. Kitty celebrated their fifth wedding anniversary at The Ragin Cajun. Similar to Kelley in which the husband gave his wife an anniversary card expressing his love and desire for another fifteen years together, Ms. Roberts gave a public toast stating that she loved Mr. Speed, wanted to spend the rest of her life him, and even wanted to start a family with him. Kelley v. Kelley, 9 P.3d 171, 177 (Utah Ct. App. 2000). Mr. Speeds email also alleges

that Ms. Roberts always told him that she loved him and wanted to spend the rest of her life with him. In addition, the article in The Mountain Press has a quote from Ms. Roberts which she states that anywhere could be home when Im with Rex. These statements indicate that Ms. Roberts was in an intimate long-term commitment with Mr. Speed. It would be helpful to know if Mr. Speed and Ms. Roberts maintained sexual relations to bolster the claim that they mutually assumed marital rights, duties, and obligations. However, if the couple had an extramarital relationship with others like the couple in Hansen, they may lack mutually assumed marital rights, duties, and obligations. Overall, Mr. Speed and Ms. Speed most likely mutually assumed marital rights, duties, and obligations because the couple collectively managed financial matters as well and demonstrated expressions of a long-term commitment.