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She argues one to cohabitation switched their unique dating towards a legal relationship well before this new nine-month months

She argues one to cohabitation switched their unique dating towards a legal relationship well before this new nine-month months


The new claimant taken out disabled widow’s insurance rates benefits for the worker’s money listing, however the Assistant refuted their own software just like the claimant didn’t meet the nine-times stage-of-matrimony criteria for the 42 U.S.C. 416(c). So it denial is upheld by the area courtroom. The fresh new claimant after that appealed towards the U.S. Court out of Appeals to your Earliest Routine. This new legal from appeals noted one Puerto Rico will not admit common-rules marriages hence the needs for establishing a legitimate wedding within the Puerto Rico are prepared forth inside the Post 69 of your own Municipal Code, 29 L.A beneficial. § 231. The latest judge learned that, in this situation, the sexy japansk ung jente needs of Article 69 were certainly maybe not came across 9 days prior to the worker’s dying. The fresh judge then learned that this new claimant’s constitutional “equivalent safeguards” assault with the nine-times period-of-relationship specifications try incorrect significantly less than Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975), and you can Mathews v. de- Castro, 429 U.S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976). This new claimant together with contended one to, due to the fact she was brand new worker’s concubine, she had a right around Puerto Rican law so you’re able to inherit away from the brand new worker’s property because the their widow, and you can she is going to be considered to-be the new widow of one’s personnel significantly less than 42 U.S.C. 416(h)(1)(A). New legal out-of is attractive discovered that, under Puerto Rican law, a great concubine out-of an employee provides a directly to a percentage of the house acquired throughout concubinage however, does not have a straight to inherit a great widow’s express of your own lifeless worker’s intestate private possessions. Ergo, the brand new claimant could not become deemed are this new widow of the newest worker less than 42 You.S.C. 416(h)(1)(A) because of the applying of regulations from Puerto Rico on the intestate succession. When you look at the maintaining the new section court’s decision affirming the fresh Secretary’s assertion out of that it allege having widow’s gurus, the brand new judge out of is attractive stored that the claimant was not called so you’re able to advantages because disabled widow of your staff.

Appellant Esther Ayuso Morales needed Personal Cover handicap masters dependent her condition since the “widow” of covered employee Honorio Montanez Figueroa. Significantly less than 42 U.S.C. § 416(c) so you’re able to qualify as an excellent “widow” a lady need been hitched for at least nine months during their own partner’s dying. Appellant’s wedding took place during the nine-times period. Positives had been rejected.

She contended one, while the she additionally the worker had cohabited having twenty years earlier to your day of their ceremonial relationship, its cohabitation got transformed their dating towards a legal matrimony better before the nine-week period

Into the focus, she cravings you to she actually is however eligible because she cohabited having their husband for twenty years before the marriage. She adds you to definitely, anyhow, around 42 You.S.C. § 416(h)(1)(A) an applicant are a good widow when the she’d, “under the guidelines . . . [out of Puerto Rico] deciding the brand new devolution of intestate private property, have a similar position . . . as the a spouse . . . [or] widow. . . .” Look for basically, Rombauer, Marital Condition and you can Qualifications to own Federal Legal Income Professionals: An ancient Survey, 52 Clean.L.Rev. 227, 257 mais aussi. seq. (1977). She states your concubinage laws regarding Puerto Rico gives their own such as for instance position.

We can’t undertake appellant’s basic disagreement. We realize one to some traditional rules jurisdictions recognize non-ceremonial or “common-law marriage ceremonies.” These marriage ceremonies are built of the consent of the parties as the another contract. F.W. Kuchlar, Law out-of Engagement and you will Wedding 1-5 (2d ed. 1978); pick O.Age. Koegel, Common-law ent in the united states (1922). But common law marriage ceremonies aren’t approved when you look at the Puerto Rico. The fresh new requisites out-of a valid relationship when you look at the Puerto Rico are prepared forth when you look at the Post 69 of the Municipal Code, 29 L.A good. § 231. Integrated of these requisites is the “[a]uthorization and you will event out of good matrimonial bargain with respect to the models and you can solemnities prescribed for legal reasons.” Regarding lack of such variations and solemnities, there is certainly zero relationships. Rivera v. District Judge regarding San Juan, 58 Roentgen. 352, 354 (1941); Vazquez Bote, Notas acerca de este matrimonio en derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-12 (1973-75). Age. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-forty-five (1962).

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