[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR219.32]



[Page 251]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 219_EVIDENCE REQUIRED FOR PAYMENT--Table of Contents

 

                   Subpart C_Evidence of Relationship

 

Sec.  219.32  Evidence of a common-law marriage.



    (a) Preferred evidence. Evidence of a common-law marriage must give 

the reasons why the informant believes that a marriage exists. If the 

information described in this paragraph is not furnished on a form 

provided by the Board, it must be submitted in the form of a sworn 

statement. Preferred evidence of a common-law marriage is one of the 

following:

    (1) If both the husband and wife are alive, each shall sign a 

statement and get signed statements from one blood relative of each. The 

statement of another individual may be submitted for each statement the 

husband or wife is unable to get from a relative. Each signed statement 

should show--

    (i) That the husband and wife believed they were married;

    (ii) The basis for this belief; and

    (iii) That the husband and wife have presented themselves to the 

public as husband and wife.

    (2) If either the husband or wife is dead, the surviving spouse 

shall furnish a signed statement and signed statements from two blood 

relatives of the dead spouse. The surviving spouse's statement should 

show that he or she and the dead spouse believed themselves to be 

married, the basis for this belief, and that they presented themselves 

to the public as husband and wife. The statements from relatives of the 

dead spouse should support the surviving spouse's statement.

    (3) If both husband and wife are dead, the applicant shall get a 

signed statement from one blood relative of each dead spouse. Each 

statement should show that the husband and wife believed themselves to 

be married, the basis for this belief, and that they presented 

themselves to the public as husband and wife.

    (4) Statements by relatives and other individuals described in 

paragraphs (a)(1), (2) and (3) of this section are not required when--

    (i) The husband and wife entered into a ceremonial marriage which 

was void because of a legal impediment to the marriage;

    (ii) After the impediment was removed, the husband and wife 

continued to live together as man and wife until the employee filed an 

application or one of them died; and

    (iii) A valid common-law marriage was established, under the law of 

the State in which they lived, by their continuing to live together as 

man and wife.

    (b) Other evidence of common-law marriage. When preferred evidence 

of a common-law marriage cannot be obtained, the claimant will be asked 

to explain the reason therefor and to furnish other convincing evidence 

of the marriage.



(Approved by the Office of Management and Budget under control number 

3220-0021)