HARGRAVE V. DUVAL-COUETIL (In re Estate of Duval)
777 N.W.2d 380 (2010)
NATURE OF THE CASE: Nathalie Duval-Couetil and Orielle Duval-Georgiades (Daughters)
appeal the circuit court's judgment that Karen Hargrave (Hargrave) was the common-law wife
of their father, Paul A. Duval (Duval).
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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