Keefe v. Doornweerd
2013 Ohio 250
Ohio Ct. App.2013Background
- Jeffrey Keefe and Albertje Doornweerd were long-term cohabitants who lived together for about 24–25 years in Summit County, Ohio.
- They discussed children and future care for each other; Doornweerd was older, and Keefe relied on her for support and finances.
- Keefe alleges a common law marriage existed prior to 1991, supported by cohabitation, long-term commitment, and community reputation.
- Financial arrangements were contested: Keefe gave paychecks to Doornweerd early on; later he kept his earnings while the business paid living expenses.
- There was evidence of engagement-like behavior, including a mid-1990s engagement ring, but no license or formal ceremony.
- In 2010 Keefe filed for divorce asserting a common law marriage; Doornweerd moved to bifurcate, and an evidentiary hearing was held in 2011.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a common law marriage existed before 1991 | Keefe contends present intent to marry was shown by conduct before 1991. | Doornweerd argues no in praesenti agreement existed prior to 1991. | No common law marriage; weight supports no in praesenti agreement before 1991. |
| Whether excluding Keefe's witnesses and exhibits was reversible error | Keefe asserts the exclusion violated Loc.R. 12 and prejudiced his case. | Doornweerd contends the exclusions were proper due to late disclosures and lack of relevance. | Keefe waived the issue on appeal; the exclusion upheld; no plain error found. |
Key Cases Cited
- Nestor v. Nestor, 15 Ohio St.3d 143 (1984) (elements of common law marriage)
- Glover v. Glover, 2003-Ohio-1292 (9th Dist. 2003) (cohabitation and reputation evidence supporting or refuting common law marriage)
- Rogers v. Rogers, 1997 WL 795820 (9th Dist. 1997) (in praesenti element requires meeting of the minds)
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (manifest weight standard for reviewing trial court decisions)
- Thompkins, 78 Ohio St.3d 380 (1997) (thirteenth juror concept for weight of the evidence)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard defined)
- Duncan v. Duncan, 10 Ohio St. 181 (1859) (marriage formalities and common law concepts)
- In re Estate of Shepherd, 97 Ohio App.3d 280 (1994) (supporting authority on common law marriage principles)