P.R

New claimant taken out disabled widow’s insurance gurus on worker’s income record, although Assistant declined their app because claimant did not meet up with the nine-few days cycle-of-marriage demands inside 42 U.S.C. 416(c). Which assertion is kept because of the region legal. The fresh claimant upcoming appealed into the U.S. Judge out of Is attractive to the Basic Routine. The brand new courtroom from is attractive indexed one Puerto Rico will not know common-law marriages which what’s needed to possess setting-up a legitimate wedding from inside the Puerto Rico are set onward in Post 69 of your own Civil Code, 29 L.An effective. § 231. New court unearthed that, in this case, the needs of Article 69 was demonstrably maybe not met 9 days before the worker’s death. The latest judge subsequent found that the latest claimant’s constitutional „equal shelter“ assault to your 9-few days course-of-relationship specifications are invalid lower than Weinberger v. Salfi, 422 U.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, fifty Latinas sexy kvinner L.Ed.2d 389 (1976). The claimant as well as debated that, as she is this new worker’s concubine, she had a right below Puerto Rican law so you can inherit away from the fresh new worker’s estate since the his widow, and you may she is going to be considered to get the widow of the staff member less than 42 U.S.C. 416(h)(1)(A). The latest legal regarding is attractive learned that, lower than Puerto Rican laws, good concubine of an employee keeps a directly to a portion of the house acquired throughout concubinage however, really does not have a directly to inherit a great widow’s express of your dry worker’s intestate private assets. For this reason, new claimant couldn’t be considered to-be the widow of the latest personnel below 42 U.S.C. 416(h)(1)(A) of the applying of the law regarding Puerto Rico to the intestate succession. During the maintaining the section court’s decision affirming the new Secretary’s assertion out of that it claim to have widow’s positives, brand new legal off appeals stored that the claimant was not called to help you masters since handicapped widow of employee.

Appellant Esther Ayuso Morales wanted Personal Defense handicap pros centered their unique updates since „widow“ of insured staff member Honorio Montanez Figueroa. Not as much as 42 U.S.C. § 416(c) to help you meet the requirements given that a beneficial „widow“ a female should have started hitched for around nine weeks in the course of their particular partner’s demise. Appellant’s wedding occurred in nine-week period. Experts have been rejected.

She debated one to, as she and the staff got cohabited for two decades past to your big date of the ceremonial marriage, their cohabitation got transformed their matchmaking for the an appropriate wedding well through to the 9-few days period

Towards focus, she cravings one she actually is nonetheless qualified due to the fact she cohabited which have their unique husband having 20 years prior to its relationships. She adds that, anyhow, not as much as 42 U.S.C. § 416(h)(1)(A) an applicant was an effective widow if she’d, „within the regulations . . . [off Puerto Rico] determining the newest devolution away from intestate private property, have the same reputation . . . because a wife . . . [or] widow. . . .“ Select fundamentally, Rombauer, Marital Reputation and you can Qualifications having Government Legal Income Experts: A historical Survey, 52 Wash.L.Rev. 227, 257 ainsi que. seq. (1977). She states the concubinage legislation off Puerto Rico provides their particularly status.

We can’t deal with appellant’s basic argument. We understand that some typically common laws jurisdictions accept non-ceremonial or „common-law marriage ceremonies.“ These types of marriages manufactured of the agree of parties since various other price. F.W. Kuchlar, Rules out-of Wedding and you can Marriage 1-5 (2d ed. 1978); select O.E. Koegel, Common-law ent in the usa (1922). However, common-law marriages aren’t recognized from inside the Puerto Rico. This new requisites from a valid marriage inside Puerto Rico are prepared onward inside Blog post 69 of the Municipal Code, 30 L.A good. § 231. Incorporated of those requisites is the „[a]uthorization and you can occasion off a great matrimonial contract with regards to the versions and you may solemnities prescribed legally.“ On absence of such variations and you will solemnities, discover no matrimony. Rivera v. Section Courtroom regarding San Juan, 58 R. 352, 354 (1941); Vazquez Bote, Notas acerca de este matrimonio durante derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-a dozen (1973-75). Elizabeth. Lalaguana Dominguez, Estudios de derecho matrimonial 244-forty five (1962).