Peffley-Warner v. Bowen

• Decision Date: 14 September 1989
• Docket Number: A,No. 55674-1,PEFFLEY-WARNE
• Citation: Peffley-Warner v. Bowen, 113 Wn.2d 243, 778 P.2d 1022 (Wash. 1989)
• Parties: , 27 Soc.Sec.Rep.Ser. 294, Unempl.Ins.Rep. (CCH) P 15417A .ppellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Appellee. Supreme Court of Washington, En Banc
• Court: Washington Supreme Court

Page 243

113 Wn.2d 243

778 P.2d 1022, 27 Soc.Sec.Rep.Ser. 294,

Unempl.Ins.Rep. (CCH) P 15417A

In Certification from the United States Court of Appeals for the Ninth Circuit Marilyn E. PEFFLEY-WARNER, Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Appellee.

No. 55674-1.

Supreme Court of Washington En Banc.

Sept. 14, 1989.

Lawrence A. Weiser, University Legal Assistance, Spokane, Wash., for appellant.

John E. Lamp, U.S. Atty., Thomas O. Rice, Asst., Spokane, Wash., Patrick E. McBride, Richard H. Wetmore, Federal Dept. of Health & Human Services, Seattle, Wash., for appellee.

SMITH, Justice.

Appellant Marilyn E. Peffley-Warner brought an action in the United States District Court for the Eastern District of Washington appealing a decision by the United States Social Security Administration, claiming that Appellee Otis R. Bowen, M.D., Secretary of Health and Human Services, wrongfully denied her widow's benefits under the Social Security Act upon the death of Sylvan F. Warner. Appellant and Mr. Warner were never married, but maintained a "meretricious" relationship for 22 years prior to his death.

Appellant Peffley-Warner appealed to the United States Court of Appeals for the Ninth Circuit. That court certified the following question to this court prior to resumption of the case:

Would Washington law afford a person in Ms. Warner's situation the same status as that of a wife with respect to the intestate devolution ¹ of Sylvan Warner's personal property?

We answer the question in the negative.

The sole issue in this case is thus whether Washington affords a woman partner in a "meretricious" relationship the same status as a wife under the laws of intestate succession with respect to the personal property of the deceased partner.

Appellant Peffley-Warner in 1962 met and became involved in a non-marital relationship with Sylvan F. Warner, holding themselves out to the public as "husband and wife." ² They never had a licensed or ceremonial marriage. The relationship was continuous and unbroken, lasting over 20 years until Mr. Warner's death in May 1984. Appellant contributed money received from family, friends and public assistance to the couple's financial needs during the 20-year relationship.

In March 1963, Sylvan F. Warner executed a will in which he made no reference to appellant. He purchased an insurance policy in July 1969 which identified the insured as "Sylvan F. Warner" and the beneficiary as "Marilyn Warner." In Mr. Warner's applications for disability insurance and retirement insurance benefits, dated December 31, 1970, he indicated that he was "divorced."

Sylvan F. Warner died in May 1984. Appellant applied for and was denied widow's benefits under the Social Security Act. ³ The Social Security Administration determined she was not the decedent's wife under applicable Social Security statutes pertaining to marital status. The agency based its decision on the fact that a common-law marriage may not be established in Washington State and that appellant did not qualify as a "wife" under Washington probate law.

Appellant Peffley-Warner's application for widow's benefits was also denied at each of the four levels of administrative review. ⁴

On April 3, 1985, the Honorable Arthur H. Toreson, Judge Pro Tempore, Spokane County Superior Court, entered findings of fact and conclusions of law in the probate of Sylvan F. Warner's will. The court found that appellant and Mr. Warner had established a "meretricious" ⁵ relationship prior to March 1963 which existed until Mr. Warner's death. The court concluded that the relationship was "a meretricious relationship of the type as described in Lindsey v. Lindsey, 101 Wash.2d 299, 678 P.2d 328 (1984)."

The court further found that Mr. Warner had purchased his ex-wife's interest in their house with a $3,000 check written against his personal business account. The deed conveyed the ex-wife's interest solely to Mr. Warner. The court concluded that appellant was not entitled to an award in lieu of homestead under RCW 11.52.010. Finally, the court concluded that the house in which appellant and Mr. Warner lived was Mr. Warner's separate property, but granted appellant an equitable lien of $1,500 against it.

In November 1986 appellant's appeal in the United States District Court for the Eastern District of Washington was denied by United States Magistrate Smithmoore P. Myers. On a motion for summary judgment, the magistrate dismissed her claim, holding that she did not have the same status a wife would have under Washington laws of intestacy and therefore was not entitled to widow's benefits under the Social Security Act.

Appellant Peffley-Warner appealed Magistrate Myers' decision to the United States Court of Appeals for the Ninth Circuit, with oral argument heard on October 4, 1988. That court's ultimate decision will consider whether Ms. Peffley-Warner satisfies the statutory requirement for widow's benefits under 42 U.S.C. § 416(h)(1)(A) that the applicant have "the same status with respect to the taking of [the decedent's personal] property as a wife" under the law of intestate devolution of the decedent's domicile (Washington). ⁶ On November 1, 1988, the Honorable Betty B. Fletcher, Court of Appeals for the Ninth Circuit, entered the order certifying the issue to this court.

Appellant Peffley-Warner contends she is entitled to widow's benefits under the Social Security Act because this court in In re Marriage of Lindsey, 101 Wash.2d 299, 678 P.2d 328 (1984) overruled Creasman v. Boyle, 31 Wash.2d 345, 196 P.2d 835 (1948) and expanded the property distribution rights of couples in a "meretricious" relationship.

Appellant contends that by overruling Creasman (involving intestate distribution), this court in Lindsey expressly recognized the expanded rights of a surviving partner in a "meretricious" relationship and that this recognition should be sufficient to qualify her as a "widow" under 42 U.S.C. § 416(h)(1)(A). ⁷

Appellee Otis R. Bowen contends that under the applicable Washington intestate succession statute, RCW 11.04.015, appellant must show that she is the "spouse" of the deceased to share in the deceased's estate. Appellee contends that because appellant is not a spouse, she is not entitled to a share of Sylvan F. Warner's estate and that the administrative law judge and the United States Magistrate correctly applied Washington law in denying appellant's application for Social Security widow's benefits.

The Social Security Act provides three basic tests for determining whether an applicant is the widow of a wage earner covered by Social Security:

(1) Valid marriage test. An applicant is a widow if the courts of the state in which the insured is domiciled at the time of death would find that such applicant and such insured individual were validly married at the time he died. 42 U.S.C. § 416(h)(1)(A).

(2) Intestacy devolution test. If the courts would not find the applicant and the insured were validly married, such applicant shall, nevertheless be deemed to be the widow of the insured "if such applicant would, under the laws applied by such courts in determining the devolution of intestate personal property, have the same status with respect to the taking of such property as a wife ... of such insured individual." 42 U.S.C. § 416(h)(1)(A).

(3) Legal impediment test. In any case where "it is established ... that such applicant in good faith went through a marriage ceremony with such individual resulting in a purported marriage between them which, but for a legal impediment not known to the applicant at the time of such ceremony would have been a valid marriage ... such purported marriage shall be deemed to be a valid marriage." 42 U.S.C. § 416(h)(1)(B).

42 U.S.C. § 416(h)(1). See also Rombauer, Marital Status and Eligibility for Federal Statutory Income Benefits: A Historical Survey, 52 Wash.L.Rev. 227, 257-73 (1977).

Although Appellant Peffley-Warner does not qualify under the valid marriage test nor the legal impediment test, she would be entitled to widow's benefits under the Social Security Act if she could satisfy the intestacy devolution test and could show that she would, under Washington law, have the same status as a wife or widow of the deceased insured. This is the essence of the question certified to this court by the United States Court of Appeals.

RCW 11.04.015(1) is the pertinent Washington statute governing descent and distribution of intestate real and personal property. It provides, in part:

The net estate of a person dying intestate, or that portion thereof with respect to which the person shall have died intestate ... shall be distributed as follows:

(1) Share of surviving spouse. The surviving spouse shall receive the following share: ...

If there is no surviving spouse or if a portion of the estate is not distributable to the surviving spouse, then the estate is distributed in descending order to the issue of the intestate, the intestate's parents or their issue, or the intestate's grandparents or their issue. RCW 11.04.015(2).

A common-law marriage may not be established in Washington. However, a common-law marriage valid in the state where contracted and consummated is recognized as a valid marriage in this state. See In re Warren, 40 Wash.2d 342, 344, 243 P.2d 632 (1952); In re Estate of Gallagher, 35 Wash.2d 512, 514-15, 213 P.2d 621 (1950). A "common-law" marriage is one without formal solemnization. However, there must be an actual and mutual agreement to enter into a matrimonial relation, between parties capable in law of making such a contract, consummated by their assumption openly of marital duties and obligations. Merely living together, even as husband and wife, does not make a common-law marriage. See In re Estate of Gallagher, 35 Wash.2d at 515, 213 P.2d 621.

The Spokane County Superior Court concluded that no valid marriage existed between appellant and...