# On the third day - a legal question **URL:** \ **Category:** Factual Questions\ **Created:** [March 6, 2000, 6:16am UTC](https://boards.straightdope.com/t/on-the-third-day-a-legal-question/8843 "2000-03-06T06:16:00Z")\ **Posts on this page:** 8\ **Page:** 1
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [March 6, 2000, 6:16am UTC](https://boards.straightdope.com/t/on-the-third-day-a-legal-question/8843/1 "2000-03-06T06:16:00Z")
What happens if someone who disappeared and was declared legally dead reappears? For example, if a man vanished and his wife had him declared legally dead, she would now be single. If the man reappeared would the marriage automatically be back in effect or would they both still be single? Assuming the man’s property had been distributed in accordance with his will, would he be able to get it back now that he was no longer considered dead? If the man was a member of the British nobility, would he be able to reclaim his title from whomever had inherited it? ---
**Author:** ![John\_Kentzel-Griffin](https://avatars.discourse-cdn.com/v4/letter/j/ccd318/32.png) [@John\_Kentzel-Griffin](https://boards.straightdope.com/u/John_Kentzel-Griffin)\ **Post date:** [March 6, 2000, 2:30pm UTC](https://boards.straightdope.com/t/on-the-third-day-a-legal-question/8843/2 "2000-03-06T14:30:00Z")
…Dad…Is that you? * * * Virtually yours, DrMatrix These words are mine and they are true - Chief Meninock ---
**Author:** ![G.B.H.Hornswoggler](https://avatars.discourse-cdn.com/v4/letter/g/c67d28/32.png) [@G.B.H.Hornswoggler](https://boards.straightdope.com/u/G.B.H.Hornswoggler)\ **Post date:** [March 6, 2000, 3:23pm UTC](https://boards.straightdope.com/t/on-the-third-day-a-legal-question/8843/3 "2000-03-06T15:23:00Z")
Well, following the Ashley Judd Double Jeopardy Rule ™, you could just whack the guy. I mean, he’s _legally_ dead, so the worst you could get charged with is molesting a corpse, right? * * * …but when you get blue, and you’ve lost all your dreams, there’s nothing like a campfire and a can of beans! ---
**Author:** ![AWB](https://avatars.discourse-cdn.com/v4/letter/a/bb73d2/32.png) [@AWB](https://boards.straightdope.com/u/AWB)\ **Post date:** [March 6, 2000, 3:52pm UTC](https://boards.straightdope.com/t/on-the-third-day-a-legal-question/8843/4 "2000-03-06T15:52:00Z")
I think it’s seven years missing that someone can be declared legally dead without a body. This was part of the story line of “Quantum Leap”. Adm. Calavicci was a POW missing for over 7 years. His wife Beth held out hope past that, but then she finally relented and moved on. When he was liberated, sadly, she was remarried. * * * Wrong thinking is punished, right thinking is just as swiftly rewarded. You’ll find it an effective combination. ---
**Author:** ![voguevixen](https://avatars.discourse-cdn.com/v4/letter/v/b5ac83/32.png) [@voguevixen](https://boards.straightdope.com/u/voguevixen)\ **Post date:** [March 7, 2000, 3:26am UTC](https://boards.straightdope.com/t/on-the-third-day-a-legal-question/8843/5 "2000-03-07T03:26:00Z")
Oops! Never mind…I thought this was a question about ELO! * * * “I don’t know…I don’t know.” – St. DooDah ---
**Author:** ![ASPA](https://avatars.discourse-cdn.com/v4/letter/a/b19c9b/32.png) [@ASPA](https://boards.straightdope.com/u/ASPA)\ **Post date:** [March 20, 2000, 3:52am UTC](https://boards.straightdope.com/t/on-the-third-day-a-legal-question/8843/6 "2000-03-20T03:52:00Z")
[QUOTE] Originally posted by Little Nemo: \*\*What happens if someone who disappeared and was declared legally dead reappears? Don’t they have some dort of “Nevermind” forms and procedures for that? ---
**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\ **Post date:** [March 20, 2000, 3:10pm UTC](https://boards.straightdope.com/t/on-the-third-day-a-legal-question/8843/7 "2000-03-20T15:10:00Z")
A newspaper columnist here just did a story about a husband who walked out on his wife. After the requisite amount of time, she had him declared dead, only to have him pop up several years later. The story didn’t go into all the legal implications, but it did not that despite the husband being “dead” they had to go through divorce proceedings all over again. * * * I understand all the words, they just don’t make sense together like that. ---
**Author:** ![handy](https://avatars.discourse-cdn.com/v4/letter/h/b5a626/32.png) [@handy](https://boards.straightdope.com/u/handy)\ **Post date:** [March 20, 2000, 3:22pm UTC](https://boards.straightdope.com/t/on-the-third-day-a-legal-question/8843/8 "2000-03-20T15:22:00Z")
depends on the country. If you are married in England & you ‘disappear’ without permission from the wifey, 5 years & she can get divorced from the guy. If you ‘resurface’ in the USA, the law won’t be far behind you. ‘disappearing’ to avoid dealing with things is not considered to be lawful…I guess based on the news accounts of people resurfacing…