Hargrave v. Duval-Couetil (In Re Estate Of Duval)

777 N.W.2d 380 (2010)

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Nature of the Case

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Facts

Duval and Hargrave began living together in Massachusetts in 1994. In 1995, Duval acquired a home in Custer, South Dakota. Hargrave moved from Massachusetts to Duval's home in South Dakota in 1996. In 1997, Duval and Hargrave began a yearly routine of spending the summer months in Custer and the winter months in Mexico. In 1998, Duval and Hargrave bought a home together in Nuevo Leon, Mexico, as husband and wife. Duval was assaulted while in Mexico and placed in an intensive care unit for his injuries. Hargrave lived with Duval at the hospital while he was being treated. She later took Duval to Oklahoma for rehabilitation at a hospital in the Tulsa area and eventually to Rochester, Minnesota, for medical treatment at Mayo Clinic. Duval and Hargrave subsequently returned to Oklahoma for a period of time; and then, resumed their annual routine of spending winters in Mexico and summers in Custer. Duval was killed as a result of a rock climbing accident on June 24, 2008, in Oklahoma. They never married because they felt like they were married. Duval and Hargrave referred to each other as husband and wife on tax returns. Duval designated her as his beneficiary in VA health application. The court concluded that Hargrave and Duval met the requirements for a common-law marriage under the laws of both Mexico and Oklahoma. Daughters appealed. The South Dakota domicile of Duval and Hargrave precluded them from entering into a common-law marriage in either Mexico or Oklahoma. Also, South Dakota law does not recognize a Mexican concubinage as a marriage. Hargrave contends that South Dakota continues to recognize valid common-law marriages entered into in other jurisdictions.