She contends one cohabitation turned their own relationships on an appropriate matrimony a long time before this new nine-month several months


Brand new claimant taken out handicapped widow’s insurance rates gurus toward worker’s income list, although Secretary declined her app because the claimant failed to meet with the nine-times period-of-wedding requisite inside the 42 You. 416(c). It denial are kept because of the district courtroom. The claimant then appealed for the U.S. Court out of Appeals into Basic Circuit. The fresh court regarding appeals detailed that Puerto Rico will not accept common-law marriage ceremonies hence the prerequisites to own setting-up a legitimate relationship into the Puerto Rico are set forth within the Post 69 of Civil Password, 29 L.P.R.A. § 231. Brand new legal learned that, in cases like this, the needs of Blog post 69 was indeed obviously perhaps not satisfied 9 days before the worker’s death. The new court after that learned that brand new claimant’s constitutional « equivalent shelter » attack towards 9-month period-of-relationship needs try invalid under Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975), and you will Mathews v. de Castro, 429 You.S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976). The claimant together with debated one, as she was the newest worker’s concubine, she had a right below Puerto Rican laws so you’re able to inherit regarding the fresh new worker’s home as their widow, and you will she is going to be deemed as the new widow of one’s employee not as much as 42 You. 416(h)(1)(A). The latest court off is attractive unearthed that, not as much as Puerto Rican legislation, a concubine regarding an employee has a directly to a portion of the property obtained throughout concubinage however, really does not have a directly to inherit good widow’s display of the dry worker’s intestate individual assets. Thus, the fresh claimant could not getting deemed to get the new widow regarding the fresh worker around 42 U. 416(h)(1)(A) from the application of regulations from Puerto Rico into intestate series. In upholding this new area court’s decision affirming the fresh Secretary’s assertion off it allege to have widow’s masters, the latest judge of is attractive kept your claimant wasn’t titled so you’re able to benefits as the disabled widow of the staff member.

She argued you to definitely, as the she therefore the personnel got cohabited getting RevisГЈo do site de encontros CupiDates two decades prior towards the go out of its ceremonial marriage, its cohabitation had switched their relationships into a legal relationship well before nine-week several months

Appellant Esther Ayuso Morales sought Public Protection impairment professionals based upon their unique position because the « widow » of one’s covered staff Honorio Montanez Figueroa. Not as much as 42 You. § 416(c) so you can be considered since the good « widow » a female need come partnered for around 9 months during the time of their husband’s dying. Appellant’s marriage taken place inside nine-week several months. Professionals was basically refuted.

With the focus, she cravings that the woman is nevertheless qualified as the she cohabited that have their husband having two decades in advance of its relationships. She contributes you to, in any event, around 42 You. § 416(h)(1)(A) an applicant are an effective widow in the event that she would, « beneath the legislation . . . [out-of Puerto Rico] determining the brand new devolution regarding intestate personal property, have the same updates . . . because the a wife . . . [or] widow. . . . » Find basically, Rombauer, Marital Reputation and you will Eligibility having Government Statutory Income Pros: A historical Questionnaire, 52 Wash.L.Rev. 227, 257 mais aussi. seq. (1977). She claims that the concubinage rules regarding Puerto Rico provides their such as for example condition.

We simply cannot take on appellant’s very first disagreement. We realize one to some common laws jurisdictions admit low-ceremonial otherwise « common law marriages. » These marriage ceremonies were created by agree of one’s functions because all other deal. F.W. Kuchlar, Legislation regarding Engagement and you will Matrimony step one-5 (2d ed. 1978); discover O.Age. Koegel, Common-law ent in the united states (1922). But common-law marriage ceremonies commonly accepted within the Puerto Rico. Brand new requisites out of a valid relationship within the Puerto Rico are ready onward into the Article 69 of your own Municipal Code, 30 L.P.Roentgen.A great. § 231. Included of these requisites ‘s the « [a]uthorization and you can occasion away from a great matrimonial contract with respect to the versions and solemnities prescribed by-law. » In the absence of this type of models and you may solemnities, there was no wedding. Rivera v. District Judge out-of San Juan, 58 P.R.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). Elizabeth. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-45 (1962).

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