She contends you to definitely cohabitation transformed their unique relationship towards an appropriate relationships well before the new 9-month months

P.R

New claimant removed handicapped widow’s insurance advantages on worker’s earnings list, however the Assistant declined their own application just like the claimant did not meet the nine-few days course-of-marriage specifications when you look at the 42 U.S.C. 416(c). This assertion are kept by the district judge. The new claimant following appealed for the U.S. Court from Appeals to your Very first Circuit. The fresh judge out-of appeals listed that Puerto Rico does not acknowledge common-rules marriages and this the needs to own starting a legitimate relationships within the Puerto Rico are ready forward into the Article 69 of the Civil Code, 29 L.A. § 231. The fresh new court unearthed that, in this case, the needs of Post 69 was indeed clearly maybe not found 9 weeks ahead of the worker’s death. The latest courtroom then discovered that the brand new claimant’s constitutional “equal safety” attack with the 9-week course-of-marriage requisite is incorrect below Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975), and you may Mathews v. de- Castro, 429 You.S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976). This new claimant in addition to argued that, since the she try new worker’s concubine, she got a right not as much as Puerto Rican law so you can inherit out-of brand new worker’s house since his widow, and she are going to be considered is brand new widow of the employee less than 42 U.S.C. 416(h)(1)(A). New courtroom out-of appeals unearthed that, not as much as Puerto Rican rules, a good concubine regarding an employee has a straight to a percentage of the house received during the period of concubinage but really does n’t have a straight to inherit a great widow’s express of deceased worker’s intestate individual possessions. Ergo, the fresh claimant cannot getting considered to-be new widow out of new staff significantly less than 42 You.S.C. 416(h)(1)(A) by application of regulations regarding Puerto Rico on the intestate sequence. During the maintaining this new district court’s choice affirming the newest Secretary’s denial out of that it claim getting widow’s gurus, the fresh new court regarding appeals held the claimant wasn’t titled so you can pros given that handicapped widow of your own worker.

Appellant Esther Ayuso Morales looked for Social Safeguards handicap pros centered her condition while the “widow” of insured staff member Honorio Montanez Figueroa. Not as much as 42 U.S.C. § 416(c) in order to be considered just like the a great “widow” a woman should have come partnered for at least 9 months during the time of their particular husband’s dying. Appellant’s wedding taken place for the 9-few Г¶nemli baДџlantД± days period. Masters were refused.

She contended one to, as the she and also the staff member got cohabited to have 2 decades past towards the day of its ceremonial marriage, their cohabitation got transformed their relationships towards the a legal marriage really until the nine-times period

Towards the focus, she urges you to definitely this woman is nevertheless qualified since the she cohabited with their own partner getting 2 decades before their relationship. She contributes one to, in any event, under 42 U.S.C. § 416(h)(1)(A) a candidate are a widow in the event that she would, “according to the laws . . . [away from Puerto Rico] choosing the latest devolution of intestate personal assets, have a similar condition . . . since the a partner . . . [or] widow. . . .” Come across essentially, Rombauer, Relationship Updates and Qualification getting Government Legal Money Gurus: An ancient Questionnaire, 52 Wash.L.Rev. 227, 257 ainsi que. seq. (1977). She states the concubinage rules out-of Puerto Rico brings their particular instance standing.

We simply cannot deal with appellant’s first disagreement. We all know one some typically common legislation jurisdictions acknowledge non-ceremonial or “common law marriage ceremonies.” These types of marriage ceremonies were created by the consent of one’s people while the any deal. F.W. Kuchlar, Rules out-of Involvement and you may Relationship step 1-5 (2d ed. 1978); pick O.E. Koegel, Common law ent in america (1922). But common-law marriages commonly recognized in Puerto Rico. Brand new requisites from a valid relationship from inside the Puerto Rico are set onward from inside the Blog post 69 of your Municipal Code, 29 L.A beneficial. § 231. Incorporated of those requisites ‘s the “[a]uthorization and affair out of an effective matrimonial contract according to versions and you will solemnities prescribed by law.” Regarding absence of this type of forms and solemnities, there was zero matrimony. Rivera v. District Court of San Juan, 58 R. 352, 354 (1941); Vazquez Bote, Notas acerca de el matrimonio dentro de derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-several (1973-75). Age. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-45 (1962).