Who has a vested right of interment in a plot that contains more than one interment space?

The spouse of the owner possesses a vested right of interment in a plot that contains more than one interment space. This is grounded in the concept of family rights within cemetery laws, which often prioritize the spouse in matters of interment. The rationale for this is that spouses typically share a legal and emotional connection that warrants the right to be interred together or to make decisions regarding the interment spaces associated with the plot.

In many jurisdictions, including California, the law recognizes the spouse's vested interests in interment rights as part of the property rights linked to the burial plot. This ensures that families can remain together even in death, reflecting the importance of marital bonds and providing peace of mind regarding final arrangements.

While the owner and other family members also have significant rights regarding interments, the spouse's unique legal status typically grants them priority. The children of the owner and the next of kin may also have rights concerning the plot, but these are generally secondary to the rights of the spouse. Thus, the recognition of the spouse as having a vested right of interment aligns with principles that prioritize unity in family burial arrangements.