Stepmother and stepchild inheritance controversy The common people s obligation to support the law i

Mondo Social Updated on 2024-01-30

Hello everyone, I'm your legal expert, Mr. Tang. Today, I'm going to tell you a story about maintenance, a house, and an in-law relationship, full of drama and legal wisdom.

Case replay: In Jiangsu, there was a maintenance dispute case, and a legal battle was launched between Zhao Moumou and Sun Mougen over the right to the house. Zhao Moumou and Sun Mougen remarried and became stepmothers. Sun Mougen gave birth to six daughters, but when they got married, all six daughters were adults and working. However, after marriage, they lived together until Sun Mougen died of illness. After Sun Mougen's death, Sun Mougen and her husband demolished the house they lived in, leaving Zhao Moumou with nowhere to go.

Dispute 1: Maintenance obligations.

Supporting the elderly is a traditional virtue and a legal obligation in our country. But the key question is whether these stepchildren have a maintenance obligationIs the maintenance obligation determined solely by the maintenance relationship?

The court's decision: According to the court's judgment, Zhou Moumin is the biological son of Zhao Moumou and should bear the statutory obligation of support. But in the case of Sun and her six stepdaughters, the law stipulates that if there is no de facto maintenance relationship, then the maintenance obligation does not exist. Therefore, Sun Mougen and others do not need to bear the legal obligation to support Zhao Moumou.

However, the judge mentioned in the judgment that the marriage between Zhao Moumou and Sun Mougen formed an in-law relationship, and there was a dispute over the rights and interests of the house where they lived. Considering that Zhao Moumou has lived here for more than ten years, and from the perspective of public order and good customs, she has also made certain efforts to the family. Therefore, the court ruled that Sun Mougen should provide a habitable house for Zhao Moumou to live in.

Judge's Afterword: This case tells us that the law has an emotional side. While the law sets out the scope of the maintenance obligation, affinity and length of residence can also be taken into account. It is one of the responsibilities of the courts to defend the rights and interests of the elderly, especially when it comes to family affection and residence.

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