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She argues you to cohabitation switched their own relationships into the an appropriate marriage a long time before the fresh new nine-week months

She argues you to cohabitation switched their own relationships into the an appropriate marriage a long time before the fresh new nine-week months


This new claimant removed handicapped widow’s insurance experts into the worker’s income list, although Assistant refuted their software due to the fact claimant did not meet the nine-times duration-of-matrimony specifications into the 42 You. 416(c). This assertion try upheld because of the district legal. Brand new claimant after that appealed to your U.S. Courtroom off Appeals towards Very first Routine. The courtroom away from appeals indexed one to Puerto Rico cannot accept common-legislation marriages hence the needs for setting-up a legitimate relationships from inside the Puerto Rico are prepared onward within the Post 69 of your own Municipal Password, 31 L.P.Roentgen.Good. § 231. This new court learned that, in this instance, the needs of Article 69 was basically clearly not satisfied 9 weeks before the worker’s passing. The fresh court then unearthed that the fresh claimant’s constitutional “equivalent defense” attack towards nine-month stage-of-matrimony demands is invalid lower than Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, forty-five L.Ed.2d 522 (1975), and Mathews v. de- Castro, 429 You.S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976). The newest claimant plus argued one, since she are the fresh new worker’s concubine, she got a right less than Puerto Rican legislation so you’re able to inherit off the fresh new worker’s estate because his widow, and you will she should be considered to be the widow of your employee less than 42 U. 416(h)(1)(A). This new court off is attractive discovered that, not as much as Puerto Rican laws, a concubine from an employee has a right to a share of the home obtained over the course of concubinage however, does not have a straight to inherit an excellent widow’s express of your lifeless worker’s intestate personal property. Hence, the claimant could not become considered to be this new widow out of brand new worker around 42 You. 416(h)(1)(A) from the applying of the law from Puerto Rico on the intestate series. Inside the maintaining the newest section court’s choice affirming the Secretary’s assertion out-of it claim to have widow’s experts, the new courtroom away from is attractive stored your claimant was not named in order to pros since the disabled widow of your staff member.

She contended you to definitely, due to the fact she and also the worker had cohabited having twenty years earlier in the day into day of its ceremonial marriage, the cohabitation got switched the dating for the a legal matrimony better before nine-few days months

Appellant Esther Ayuso Morales desired Societal Security disability benefits centered their unique standing since “widow” of the insured employee Honorio Montanez Figueroa. Less than 42 You. § 416(c) so you’re able to be considered because good “widow” a female have to have started married for around 9 weeks at the time of her partner’s demise. Appellant’s relationships taken place when you look at the nine-week period. Professionals had been declined.

Towards attract, she urges you to definitely she’s however eligible given that she cohabited having their particular husband to possess 20 years in advance of its marriage. She adds that, anyhow, less than 42 You. § 416(h)(1)(A) a candidate are a good widow in the event the she’d, “within the legislation . . . [from Puerto Rico] choosing brand new devolution off intestate individual property, have the same standing . . . just like the a partner . . . [or] widow. . . .” Select essentially, Rombauer, Relationship Condition and you can Qualification to own Federal Legal Money Gurus: A historical Survey, 52 Tidy.L.Rev. 227, 257 ainsi que. seq. (1977). She says your concubinage legislation out of Puerto Rico provides their instance standing.

We cannot accept appellant’s first conflict. We realize that some typically common rules jurisdictions admit non-ceremonial otherwise “common law marriages.” These marriages are formulated because of the consent of your functions as another offer. F.W. Kuchlar, Law out of Wedding and you may Relationships 1-5 (2d ed. 1978); get a hold of O.Elizabeth. Koegel, Common law ent in the usa (1922). But common-law marriages are not accepted when you look at the Puerto Rico. The newest requisites away from a valid relationship for the Puerto Rico are set ahead when you look at the Blog post 69 of one’s Municipal Code, 29 L.P.Roentgen.A beneficial. § 231. Included of those requisites ‘s the “[a]uthorization and affair regarding a great matrimonial package according to forms and you may solemnities recommended for legal reasons.” About lack of these types of forms and visite o link you can solemnities, there can be zero wedding. Rivera v. Area Legal out-of San Juan, 58 P.R.R. 352, 354 (1941); Vazquez Bote, Notas acerca de el matrimonio durante derecho puertoriqueno, 49-56 Rev. P.R. 491, 493-94, 510-several (1973-75). Age. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-forty-five (1962).

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