event
Zhang Hua did this to please his two sons, so that he could spend his old age comfortably in his son's house. They didn't get the desired result. The younger son said that he would support Zhang Hua after the transfer of the property, but when the property was changed to the younger son's name, Zhang Hua could not enter the house and could only live with the eldest son who had many opinions about himself. Zhang Hua brought a lawsuit to the court for his younger son's failure to fulfill his maintenance obligations, demanding to get back the transferred property.
How to dispose of the old people's houses and other property in order to get better support from their children in their later years is becoming a difficult problem for many old people.
83-year-old Zhang Hua (pseudonym) stood at the window and looked at the vehicles shuttling through Zaolin Front Street. Because of the inconvenience of legs and feet, Zhang Hua seldom goes downstairs, and standing by the window has become his way of contacting the outside world.
Zhang Hua and his eldest son live in an old house of more than 40 square meters, and his wife with hemiplegia lives with her youngest son.
Zhang Hua and his wife originally had three properties. Nine years ago, they sold the house they lived in, each took a part of the house price, and lived in the homes of their two sons respectively. They made a gift decision on the remaining two properties, and each son got one.
Sell the house
The old couple live in two separate houses.
The leftovers at noon are packed in a plastic lunch box, and a broken steamed bread is wrapped in a plastic bag. These meals are also Zhang Hua's dinner.
Zhang Hua, 83, lives with his eldest son in an old house near Zaolin, Qian Jie, and his wife lives with his youngest son. "The purpose is to think about our pension problem and think that this can better support the elderly and live." He told reporters.
In the second half of 2007, Zhang Hua's wife suffered from cerebral thrombosis, which led to hemiplegia. He was hospitalized for more than a month and recovered. "My wife wants her eldest son to support me and her younger son to support her."
Zhang Hua and his wife decided to sell two small houses near Xisanqi and live in the homes of their two sons. "The house sold for 500,000 yuan, and the wife took 300,000 yuan to the younger son. I took 200,000 to my boss. "
In addition to the property in Xisanqi, Zhang Hua and his wife have two houses in Zaolin Qianjie and Shazikou. "Shazikou's room is my name, and Zaolin Qianjie's room is my wife's name."
At the time of separation, Zhang Hua and his wife jointly wrote a gift decision, giving two sets of properties under their names to their two sons respectively. "The house in Shazikou under my name was given to my youngest son, and the house in Zaolin Qianjie under my wife's name was given to my eldest son. The purpose is to please them and support the elderly. " At the end of the gift decision, it was clearly written that "we should do our best to support the elderly."
"You can meet and chat in the park on weekends, and you rarely meet." In Zhang Hua's view, the situation of providing for the aged is not as many problems as he imagined. "There are some language and even physical conflicts."
Emergency transfer
The younger son pressed again and again.
A year later, my wife found Zhang Hua and still wanted to live with him. "My wife's retirement salary is more than 2,000 yuan, and she gives it to her youngest son 1000 every month. The younger son wants to pass the salary card, but the wife doesn't want to. In this way, my wife and children have a contradiction. "
Zhang Huasi thought about it and talked to his youngest son, hoping that the old couple could live together. "I talked to my little son once. I went to live with them and went there with the money to sell my house. He also agreed. " Then, Zhang Hua moved to Shazikou to live with his youngest son. "Daughter-in-law may not want to live with us. The younger son went back to the bungalow where he used to live, and my money was not given to my younger son. "
Zhang Hua told reporters that this state of life lasted for three years. The youngest son will come back to see Zhang Hua and his wife at the weekend.
In September 1965, Zhang Hua underwent heart stent surgery.
Before leaving the hospital, the younger son came to the hospital and wanted Zhang Hua to go back to his eldest brother's house. "I haven't talked about it a few times. No way, I'll go back to the boss. "
A year later, Zhang Hua had another heart stent operation.
"Shazikou house is my name. My youngest son wants me to transfer the house to him. He has looked for me many times and asked me to turn around. " Zhang Hua doesn't agree to transfer because he feels that the problem of personal pension has not been solved.
"In March of 20 14, the youngest son sent his wife to the neighborhood committee for the purpose of transfer. The purpose is to put pressure on me to transfer ownership. " The neighborhood Committee asked Zhang Hua to pick up his wife, and he could only take her to his eldest son's house. "But contradictions followed."
In desperation, Zhang Hua hopes that the eldest son can vacate the house in front of Zaolin Street and let the old couple live there. "The eldest son rented Zao Lin Qian Jie's house, and then rented a one-bedroom apartment for me and my wife near home."
Fang daoshou
The old man was rejected.
At the end of that year, Zhang Hua's wife was ill and hospitalized, leaving Zhang Hua to live in a rented place. "The eldest daughter-in-law is busy taking care of her daughter-in-law who is about to give birth, and almost no one can take care of me." Zhang Hua is worried that something will happen to him alone and temporarily lives in a relative's house.
Zhang Hua found his little son because he was left unattended. "After the younger son came, he took the opportunity to tell me that he would transfer the house to me and I would take care of you. He said that we should live in Shazikou's room and hire a nanny for us, and they will visit us from time to time. "
After the younger son finished, Zhang Hua no longer insisted. "I said I would live there first, and he said I had to go through the house before I could live." The youngest son told Zhang Hua that he planned to go back to his mother's house in Qianjie, Zaolin, on the grounds that "we need to hire a nanny and don't have enough money, so we need to rent this house and make some subsidies".
Zhang Hua agreed to the younger son's suggestion. The younger son first took Zhang Hua to the law firm, ready to sue the eldest son for embezzlement of his wife's property. A day later, I took Zhang Hua to transfer. "After the transfer, the account book of the house is also placed in the younger son." A few days after the transfer, Zhang Hua lived in his youngest son's home.
A few months later, the younger son asked for the house in front of Zaolin Street again. "His son wants to get married." Zhang Hua disagrees. "I gave it to him. Where is the boss? This house in front of Zaolin Street needs to be bought by itself when it is rebuilt. We don't have that much money. The boss spent 15 thousand to buy it. "
Since then, the contradiction has intensified. The younger son finally took away the key in Zhang Hua's hand, and Zhang Hua could not enter Shazikou's house. "There is no way, I can only go to the boss. The boss has a problem with me, too, because the house has been sued. He said that because I asked him for a house, his family also had contradictions and destroyed his family. "
Finally, Zhang Hua and his eldest son live in the house in front of Zaolin Street. "Although they are in a house, they all take care of themselves."
For the elderly
Legal planning should be actively done.
The younger son said that there is no obligation to support the elderly in the disposal of houses. It was stated in the gift decision many years ago that the house was disposed of by him. The eldest son believes that according to the gift decision, Zaolin Qianjie's house should also be inherited by him.
Lu Jinsheng, director of Beijing Lvwei Yinling Research and Service Center, which provides rights protection and legal aid for the elderly, believes that this is a helpless move after the elderly ignored the pension arrangement and made the decision to donate their property to their children prematurely. In the case that the old couple are suffering from various diseases and are in urgent need of children's care, it is obviously unfair to transfer the house to their son and take advantage of others' danger. "From the point of view of the gift, the gift is accompanied by supporting conditions. Now the old man is refused entry and can't see his wife. If the attached support conditions are not fulfilled, they shall also be revoked according to law. "
Lu Jinsheng told reporters that this case proves once again that with the development of urbanization, the mode of family support has been broken. If the elderly want to enjoy their old age, they should not only expect their children to take the initiative to fulfill their filial piety, but should actively make legal plans for providing for the elderly. "Most elderly people will have a certain amount of savings, no longer rely on the financial support of their children, but more need to take care of their lives. The elderly should rationally prepare their children to be unable to bear the obligation of support, especially the care in life. " Some can't bear it out of helplessness, some deliberately can't bear it, and some pretend to bear it but stare at the old man's property. Once they succeeded, they immediately turned against each other and denied it. "Therefore, it is very important for the elderly to make legal arrangements for providing for the elderly.
"The so-called pension legal planning is to protect your pension arrangements through legal channels." Lu Jinsheng said that on the one hand, the elderly should protect their property and should not give it to their children or others prematurely, unconditionally or without clear conditions. On the other hand, providing for the aged should be bound by agreement, and supporting parents is a legal obligation, but in reality, few people can undertake and take the initiative to undertake the obligation of supporting. To this end, it is necessary to encourage the supporters who take the initiative to take care of them and clarify the responsibilities of the supporters who do not take care of them. "When the supporter can't bear the maintenance obligation, he should actively seek outside help and sign a guardianship agreement with other people or organizations who are willing to bear the guardianship responsibility to better protect his later life."
"What if I can't take care of myself? I regard old people as commodities. How much do you give me to support you? If you don't give me money, I won't support you. " Zhang Hua is always thinking about the house now. He wants to cancel the previous transfer procedure. "Because he (the younger son) didn't fulfill his obligations, the house is still mine. If there is no house, my pension problem will be even bigger. "
legal interpretation
Children should support their parents, and those who have the obligation to support refuse to support them. If the circumstances are bad, it constitutes a crime of abandonment and should bear criminal responsibility.
The law provides that:
Article 21 of the Marriage Law stipulates that children have the obligation to support and assist their parents. Parents who are unable to work or have difficulties in living have the right to ask their children to pay alimony when they fail to fulfill their alimony obligations.
Article 261 of the Criminal Law stipulates that those who refuse to support the elderly, the young, the sick or others who cannot live independently shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.