She argues one to cohabitation switched her matchmaking to your a legal wedding long before this new nine-month period

She argues one to cohabitation switched her matchmaking to your a legal wedding long before this new nine-month period


The claimant applied for handicapped widow’s insurance rates benefits towards the worker’s money list, although Secretary declined their unique app because claimant did not meet up with the 9-day period-of-relationships criteria into the 42 You. 416(c). It denial try upheld because of the area judge. New claimant following appealed into U.S. Legal from Is attractive to the Basic Circuit. This new judge away from appeals indexed that Puerto Rico will not know common-laws marriage ceremonies hence the prerequisites having establishing a valid marriage in the Puerto Rico are ready ahead in Article 69 of the Municipal Password, 29 L.P.Roentgen.A great. § 231. The new courtroom found that, in this instance, the needs of Blog post 69 was in fact clearly maybe not fulfilled nine months before the worker’s passing. The fresh courtroom next unearthed that the claimant’s constitutional “equal protection” attack on 9-day stage-of-marriage requisite is incorrect lower than 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 new claimant together with debated you to, since the she is new worker’s concubine, she had the right not as much as Puerto Rican laws to inherit out of the fresh new worker’s property as his widow, and you can she will likely be considered to-be this new widow of your personnel significantly less than 42 U. 416(h)(1)(A). Brand new court regarding appeals learned that, lower than Puerto Rican laws, an effective concubine from an employee has actually a straight to a share of the property obtained throughout concubinage however, really does n’t have a straight to inherit a good widow’s display of dead worker’s intestate personal property. Thus, the new claimant cannot end up being deemed as the new widow out of the newest staff not as much as 42 U. 416(h)(1)(A) by the applying of what the law states away from Puerto Rico to your intestate succession. In maintaining the fresh new area court’s decision affirming the newest Secretary’s assertion off it allege to have widow’s advantages, the brand new judge from is attractive held your claimant wasn’t named so you’re able to gurus since the disabled widow of the staff.

She debated one, because she in addition to employee got cohabited to have 2 decades prior into the date of its ceremonial relationship, their cohabitation got transformed the relationships towards the an appropriate matrimony well until the 9-times several months

Appellant Esther Ayuso Morales wanted Public Protection handicap advantages established her standing while the “widow” of insured staff Honorio Montanez Figueroa. Under 42 U. § 416(c) to qualify while the an effective “widow” a lady need to have been hitched for around 9 days during her partner’s death. Appellant’s relationships took place inside the nine-month several months. Positives was indeed refused.

Towards the desire, she urges one she’s nevertheless qualified since the she cohabited that have their own spouse to have 2 decades before their matrimony. She adds one, anyhow, around 42 You. § 416(h)(1)(A) an applicant is a beneficial widow if she would, “underneath the statutes . . Recursos extra. [off Puerto Rico] deciding the new devolution regarding intestate individual possessions, have a similar condition . . . because the a partner . . . [or] widow. . . .” Come across generally, Rombauer, Relationship Reputation and you may Eligibility to possess Federal Statutory Earnings Masters: An old Survey, 52 Tidy.L.Rev. 227, 257 ainsi que. seq. (1977). She says that concubinage legislation away from Puerto Rico offers their eg standing.

We simply cannot accept appellant’s first argument. We realize one some common legislation jurisdictions know non-ceremonial or “common law marriages.” Such marriage ceremonies are created of the consent of your own parties given that any other contract. F.W. Kuchlar, Law away from Wedding and you will Marriage step one-5 (2d ed. 1978); find O.Age. Koegel, Common law ent in the usa (1922). However, common law marriages aren’t approved in Puerto Rico. The fresh requisites out of a legitimate relationships during the Puerto Rico are set onward inside the Post 69 of one’s Civil Password, 31 L.P.Roentgen.An effective. § 231. Integrated of those requisites is the “[a]uthorization and you can occasion out-of an excellent matrimonial deal according to models and you may solemnities given by-law.” Regarding lack of these models and you can solemnities, there was no marriage. Rivera v. Section Court of San Juan, 58 P.R.Roentgen. 352, 354 (1941); Vazquez Bote, Notas acerca de este matrimonio dentro de derecho puertoriqueno, 49-56 Rev. P.R. 491, 493-94, 510-twelve (1973-75). Age. Lalaguana Dominguez, Estudios de derecho matrimonial 244-forty-five (1962).



Leave a Reply

Your email address will not be published. Required fields are marked *