Hargrave v. Duval-Couetil (In re Estate of Duval)
Supreme Court of South Dakota
777 N.W.2d 380 (S.D. 2010)
Karen Hargrave (plaintiff) and Paul Duval lived together for about 14 years, at times in both South Dakota (which does not recognize common-law marriage) and Oklahoma (which does), and publicly held themselves out as husband and wife, though they never formally married. Duval named Hargrave his health-plan beneficiary and gave her power of attorney. After Duval died, Hargrave petitioned to be declared his surviving common-law spouse under Oklahoma law for inheritance purposes, opposed by Duval's daughters (defendants). At trial, Hargrave testified that she and Duval never had an explicit conversation agreeing to marry; they simply came, over time, to consider themselves married. The circuit court nonetheless found a valid Oklahoma common-law marriage and recognized it in South Dakota, and Duval's daughters appealed.
Whether a common-law marriage is valid absent an explicit, mutual agreement or declaration of intent to marry, even where the parties cohabited and publicly held themselves out as husband and wife.