She contends you to definitely cohabitation switched their unique matchmaking to your an appropriate wedding a long time before brand new nine-times several months

She contends you to definitely cohabitation switched their unique matchmaking to your an appropriate wedding a long time before brand new nine-times several months

S.C

The fresh claimant removed handicapped widow’s insurance policies benefits on worker’s earnings list, although Secretary declined their particular software due to the fact claimant didn’t meet with the 9-few days years-of-matrimony requirement in the 42 U. 416(c). That it assertion is actually upheld by area legal. The claimant following appealed toward U.S. Legal out-of Is attractive to your First Routine. The brand new courtroom out-of is attractive indexed one Puerto Rico cannot accept common-legislation marriages and therefore the needs getting establishing a legitimate matrimony for the Puerto Rico are prepared forth into the Article 69 of your Municipal Code, 29 L.P.Roentgen.Good. § 231. This new judge found that, in this case, the requirements of Post 69 were obviously perhaps not met 9 weeks before the worker’s dying. New court further discovered that the newest claimant’s constitutional “equal security” attack with the 9-month cycle-of-matrimony needs is incorrect less than Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, forty five L.Ed.2d 522 (1975), and you can Mathews v. de- Castro, 429 U.S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976). This new claimant also contended one, because she is actually the brand new worker’s concubine, she had a right below Puerto Rican legislation in order to inherit out-of this new worker’s house while the his widow, and you will she will be considered are the latest widow of your staff member significantly less than 42 U. 416(h)(1)(A). The latest court regarding appeals found that, less than Puerto Rican rules, an effective concubine from an employee has actually a straight to a share of the home gotten over the course of concubinage however, does n’t have a straight to inherit a great widow’s share of the dead worker’s intestate personal property. Therefore, the brand new claimant could not be considered getting the widow https://kissbrides.com/pt-pt/escandinavas-noivas/ away from new employee below 42 You. 416(h)(1)(A) because of the application of the law from Puerto Rico towards intestate succession. Inside maintaining this new section court’s choice affirming the latest Secretary’s denial out-of this allege getting widow’s professionals, the fresh new judge out of is attractive held the claimant wasn’t titled to advantages as handicapped widow of the worker.

She contended you to definitely, once the she in addition to staff got cohabited having twenty years early in the day to your big date of their ceremonial wedding, its cohabitation got turned their relationship into the a legal relationship really up until the nine-few days several months

Appellant Esther Ayuso Morales sought Societal Coverage handicap masters reliant their particular position once the “widow” of covered employee Honorio Montanez Figueroa. Around 42 You. § 416(c) to help you qualify just like the an effective “widow” a lady need come married for at least 9 days at the time of their husband’s demise. Appellant’s relationship took place inside 9-times period. Advantages have been refuted.

Into the attract, she cravings you to definitely she is nevertheless eligible because she cohabited with their own partner to own 2 decades prior to the marriage. She contributes that, in any event, below 42 You. § 416(h)(1)(A) an applicant is a great widow when the she would, “beneath the rules . . . [off Puerto Rico] choosing brand new devolution out of intestate individual possessions, have the same updates . . . because the a partner . . . [or] widow. . . .” Find fundamentally, Rombauer, Marital Reputation and you may Qualification for Federal Legal Earnings Advantages: An old Questionnaire, 52 Clean.L.Rev. 227, 257 mais aussi. seq. (1977). She claims that the concubinage rules of Puerto Rico gives her eg reputation.

We simply cannot deal with appellant’s basic argument. We understand that some common rules jurisdictions acknowledge low-ceremonial or “common-law marriage ceremonies.” These marriage ceremonies are created by agree of the people once the any bargain. F.W. Kuchlar, Rules out-of Involvement and you may Relationships 1-5 (2d ed. 1978); come across O.E. Koegel, Common-law ent in the united states (1922). But common-law marriages commonly accepted inside Puerto Rico. The brand new requisites regarding a legitimate matrimony during the Puerto Rico are ready forward within the Blog post 69 of your own Civil Code, 30 L.P.R.A. § 231. Provided of the requisites is the “[a]uthorization and you can event away from a great matrimonial deal according to forms and solemnities recommended for legal reasons.” On lack of these types of variations and you may solemnities, there can be no relationship. Rivera v. Area Legal regarding San Juan, 58 P.Roentgen.Roentgen. 352, 354 (1941); Vazquez Bote, Notas sobre el matrimonio en derecho puertoriqueno, 49-56 Rev. P.R. 491, 493-94, 510-12 (1973-75). E. Lalaguana Dominguez, Estudios de derecho matrimonial 244-forty-five (1962).

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