She argues you to cohabitation turned her matchmaking to your a legal matrimony well before brand new nine-month several months

She argues you to cohabitation turned her matchmaking to your a legal matrimony well before brand new nine-month several months


Brand new claimant removed disabled widow’s insurance coverage professionals to the worker’s earnings record, nevertheless Assistant declined her software as claimant did not meet up with the 9-times stage-of-marriage criteria for the 42 You. 416(c). This denial was upheld by region judge. The fresh new claimant next appealed into the U.S. Court from Appeals towards Earliest Routine. New courtroom of appeals indexed you to Puerto Rico does not accept common-laws marriage ceremonies and that the requirements having installing a legitimate wedding when you look at the Puerto Rico are ready onward for the Blog post 69 of your own Civil Code, 29 L.P.R.An excellent. § 231. The judge found that, in such a case, the requirements of Post 69 was clearly perhaps not met 9 months before the worker’s passing. This new legal subsequent learned that the fresh claimant’s constitutional “equal cover” assault with the 9-few days stage-of-marriage requirements is incorrect below Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, forty five L.Ed.2d 522 (1975), and you may Mathews v. de- Castro, 429 You.S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976). The latest claimant in addition to debated you to definitely, as the she try the fresh worker’s concubine, she got the right lower than Puerto Rican rules to inherit regarding the worker’s property as the his widow, and you will she are deemed to get the fresh new widow of the employee lower than 42 U. 416(h)(1)(A). The fresh judge off appeals discovered that, not as much as Puerto Rican rules, a great concubine regarding an employee enjoys a directly to a share of the property gotten throughout concubinage but does n’t have a right to inherit an excellent widow’s share site lГЎ of one’s deceased worker’s intestate personal assets. Thus, the claimant cannot be considered is the brand new widow regarding the brand new personnel around 42 U. 416(h)(1)(A) of the application of regulations of Puerto Rico for the intestate succession. During the maintaining the fresh new section court’s choice affirming the brand new Secretary’s assertion of which allege getting widow’s professionals, the newest legal away from appeals kept your claimant wasn’t entitled to help you pros once the handicapped widow of the staff.

She debated one to, while the she plus the worker got cohabited to have 20 years previous to the big date of their ceremonial marriage, the cohabitation had switched the matchmaking toward an appropriate wedding really up until the nine-times period

Appellant Esther Ayuso Morales desired Societal Safeguards impairment pros reliant their particular position while the “widow” of one’s insured staff Honorio Montanez Figueroa. Less than 42 U. § 416(c) to qualify given that a great “widow” a woman must have started partnered for at least 9 weeks at the time of their own partner’s death. Appellant’s marriage occurred during the 9-month period. Positives have been refuted.

To the focus, she cravings that she actually is still eligible since the she cohabited with her spouse to possess 20 years ahead of their matrimony. She adds one to, anyway, not as much as 42 U. § 416(h)(1)(A) an applicant was good widow in the event the she would, “according to the guidelines . . . [out of Puerto Rico] determining the fresh new devolution regarding intestate individual possessions, have the same standing . . . since a wife . . . [or] widow. . . .” Come across basically, Rombauer, Relationship Updates and you will Qualifications to have Government Legal Money Pros: An ancient Questionnaire, 52 Clean.L.Rev. 227, 257 et. seq. (1977). She claims that concubinage legislation regarding Puerto Rico offers her for example position.

We can’t undertake appellant’s first dispute. We understand one some common rules jurisdictions accept low-ceremonial or “common law marriage ceremonies.” These types of marriage ceremonies are built by the consent of the people because the virtually any deal. F.W. Kuchlar, Law from Involvement and you may Matrimony 1-5 (2d ed. 1978); select O.Age. Koegel, Common law ent in the us (1922). But common-law marriages are not approved inside Puerto Rico. The requisites off a valid matrimony within the Puerto Rico are ready forward in the Post 69 of one’s Municipal Code, 31 L.P.R.A beneficial. § 231. Included of those requisites ‘s the “[a]uthorization and you can celebration away from a good matrimonial contract according to the models and solemnities prescribed by law.” Regarding the absence of these types of versions and you will solemnities, there’s zero wedding. Rivera v. District Courtroom out-of San Juan, 58 P.Roentgen.R. 352, 354 (1941); Vazquez Bote, Notas sobre el matrimonio dentro de derecho puertoriqueno, 49-56 Rev. P.Roentgen. 491, 493-94, 510-a dozen (1973-75). Age. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-forty five (1962).

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