She contends you to definitely cohabitation turned their particular dating into an appropriate wedding long before the 9-week period

She contends you to definitely cohabitation turned their particular dating into an appropriate wedding long before the 9-week period

S.C

The fresh new claimant applied for handicapped widow’s insurance rates positives toward worker’s income checklist, although Assistant declined their particular application since the claimant didn’t meet up with the nine-few days cycle-of-marriage needs when you look at the 42 You. 416(c). It denial are upheld by district judge. The fresh new claimant after that appealed on the U.S. Court out-of Is attractive on the Earliest Circuit. Brand new judge out-of is attractive detailed you to Puerto Rico will not admit common-laws marriage ceremonies which certain requirements to own setting up a legitimate wedding inside Puerto Rico are ready onward in the Article 69 of one’s Municipal Password, 30 L.P.Roentgen.A good. § 231. The fresh court found that, in this instance, the requirements of Blog post 69 were obviously perhaps not found nine days before the worker’s passing. New legal further discovered that brand new claimant’s constitutional “equal protection” attack into nine-times years-of-wedding requisite try incorrect not as much as Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, forty-five L.Ed.2d 522 (1975), and Mathews v. de- Castro, 429 U.S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976). The claimant including debated you to definitely, as the she is the latest worker’s concubine, she got a right lower than Puerto Rican law so you’re able to inherit of new worker’s estate because the his widow, and she is considered become the fresh new widow of your own employee under 42 You. 416(h)(1)(A). The latest courtroom from appeals discovered that, below Puerto Rican rules, a good concubine out of a worker provides a right to a percentage of the house obtained over the course of concubinage but really does n’t have a right to inherit a good widow’s show of the inactive worker’s intestate personal possessions. For this reason, this new claimant couldn’t end up being deemed become brand new widow of the latest employee under 42 You. 416(h)(1)(A) of the applying of the law of Puerto Rico with the intestate sequence. From inside the upholding brand new district court’s decision affirming the fresh new Secretary’s assertion from which Clique neste link allege to possess widow’s professionals, the judge from appeals held that the claimant was not named to help you experts once the disabled widow of staff member.

She debated you to, as she together with personnel got cohabited having 2 decades past into date of their ceremonial matrimony, the cohabitation got transformed the relationships towards the a legal matrimony really before the nine-day months

Appellant Esther Ayuso Morales sought for Personal Security disability advantages centered their particular condition as “widow” of the insured personnel Honorio Montanez Figueroa. Not as much as 42 You. § 416(c) in order to be considered once the a “widow” a woman need to have started married for at least nine days during the time of their own partner’s demise. Appellant’s marriage took place within the 9-month period. Gurus was in fact refused.

For the appeal, she cravings one she is however eligible as the she cohabited having their spouse to possess two decades in advance of its marriage. She adds one to, in any event, below 42 U. § 416(h)(1)(A) a candidate are a widow in the event that she’d, “according to the legislation . . . [of Puerto Rico] deciding the brand new devolution regarding intestate personal property, have the same reputation . . . because a wife . . . [or] widow. . . .” Find essentially, Rombauer, Marital Standing and you may Qualification for Federal Statutory Earnings Gurus: An ancient Questionnaire, 52 Clean.L.Rev. 227, 257 et. seq. (1977). She says that the concubinage law out-of Puerto Rico gets their unique including condition.

We can not accept appellant’s earliest disagreement. We understand you to definitely some common rules jurisdictions accept low-ceremonial or “common-law marriage ceremonies.” These marriages are manufactured because of the consent of your own people while the almost every other bargain. F.W. Kuchlar, Law regarding Wedding and Matrimony step 1-5 (2d ed. 1978); get a hold of O.Age. Koegel, Common law ent in america (1922). However, common law marriage ceremonies commonly approved inside Puerto Rico. The requisites out of a valid marriage in Puerto Rico are prepared ahead when you look at the Blog post 69 of your own Municipal Code, 30 L.P.R.A beneficial. § 231. Included of the requisites ‘s the “[a]uthorization and you may occasion out of an excellent matrimonial contract with respect to the versions and solemnities recommended by-law.” Throughout the absence of these forms and you may solemnities, there clearly was zero matrimony. Rivera v. District Judge off San Juan, 58 P.R.R. 352, 354 (1941); Vazquez Bote, Notas acerca de este matrimonio dentro de derecho puertoriqueno, 49-56 Rev. P.Roentgen. 491, 493-94, 510-a dozen (1973-75). Elizabeth. Lalaguana Dominguez, Estudios de derecho matrimonial 244-45 (1962).

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