She argues you to cohabitation turned their unique relationship for the an appropriate wedding long before the fresh new 9-week several months

S.C

The claimant removed handicapped widow’s insurance rates pros to the worker’s income list, however the Assistant rejected her application given that claimant didn’t meet with the nine-month duration-of-marriage demands inside the 42 U. 416(c). It denial is kept by the district legal. New claimant then appealed to your U.S. Courtroom out-of Appeals on the Basic Iraniano mulheres Circuit. The newest courtroom regarding appeals indexed you to Puerto Rico cannot admit common-rules marriages which the prerequisites having setting up a legitimate relationship in the Puerto Rico are ready forth from inside the Article 69 of your Municipal Password, 31 L.P.R.An excellent. § 231. Brand new courtroom found that, in this situation, the requirements of Article 69 was certainly not satisfied 9 months before the worker’s death. The brand new judge after that learned that the claimant’s constitutional “equivalent shelter” attack into nine-week cycle-of-relationships demands is actually incorrect lower than Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975), and Mathews v. de Castro, 429 You.S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976). New claimant plus argued one to, since the she was the new worker’s concubine, she got a right not as much as Puerto Rican rules to inherit of the brand new worker’s home because the his widow, and you can she might be considered getting this new widow of your personnel around 42 U. 416(h)(1)(A). The fresh courtroom regarding is attractive found that, lower than Puerto Rican legislation, a great concubine out-of a member of staff enjoys a directly to a share of the property acquired throughout concubinage but do n’t have a directly to inherit an effective widow’s display of one’s dead worker’s intestate personal possessions. For this reason, the new claimant cannot be deemed is this new widow regarding the fresh new staff member lower than 42 U. 416(h)(1)(A) because of the application of the law from Puerto Rico on the intestate series. In upholding the brand new region court’s decision affirming the latest Secretary’s assertion from so it claim having widow’s gurus, the judge off is attractive stored that the claimant wasn’t named to help you masters due to the fact handicapped widow of one’s personnel.

She debated you to definitely, due to the fact she additionally the employee got cohabited for twenty years past on the go out of its ceremonial relationship, its cohabitation had turned its dating to the an appropriate relationships better up until the nine-times period

Appellant Esther Ayuso Morales found Societal Defense handicap advantages dependent their particular reputation just like the “widow” of your own covered personnel Honorio Montanez Figueroa. Below 42 U. § 416(c) to help you meet the requirements because the an excellent “widow” a woman need to have become married for around 9 days during their partner’s passing. Appellant’s matrimony occurred into the nine-few days period. Masters was indeed refuted.

Into focus, she appetite you to she actually is however qualified due to the fact she cohabited with their unique husband to possess twenty years just before the matrimony. She adds that, anyhow, lower than 42 You. § 416(h)(1)(A) an applicant was good widow in the event that she’d, “underneath the statutes . . . [off Puerto Rico] deciding the fresh new devolution of intestate individual assets, have a similar reputation . . . given that a spouse . . . [or] widow. . . .” Pick fundamentally, Rombauer, Relationship Position and Eligibility to own Federal Legal Money Pros: An old Questionnaire, 52 Tidy.L.Rev. 227, 257 mais aussi. seq. (1977). She claims your concubinage laws of Puerto Rico gives their particular such as for instance position.

We simply cannot deal with appellant’s very first conflict. We realize that some common laws jurisdictions acknowledge low-ceremonial otherwise “common law marriage ceremonies.” These marriages are available by agree of the activities since the various other deal. F.W. Kuchlar, Law off Engagement and Wedding 1-5 (2d ed. 1978); find O.Elizabeth. Koegel, Common-law ent in the us (1922). However, common law marriage ceremonies aren’t approved from inside the Puerto Rico. The fresh requisites regarding a valid relationships in the Puerto Rico are ready forth within the Post 69 of your Municipal Code, 30 L.P.Roentgen.A beneficial. § 231. Integrated of those requisites is the “[a]uthorization and you will celebration of a good matrimonial package according to models and solemnities prescribed legally.” In the absence of these variations and you can solemnities, there’s no marriage. Rivera v. District Legal out of San Juan, 58 P.R.R. 352, 354 (1941); Vazquez Bote, Notas acerca de el matrimonio durante derecho puertoriqueno, 49-56 Rev. P.R. 491, 493-94, 510-12 (1973-75). Elizabeth. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-45 (1962).