When the property is transferred to the children, how can the parents protect the right of residence

Mondo Social Updated on 2024-02-21

In order not to add the burden of "inheritance tax" to his son, who was not wealthy, the old father unreservedly gave his right to relocate and resettle the property to his son and daughter-in-law, but in their common life, they had conflicts with their daughter-in-law due to different lifestyles and other reasons, and it was finally difficult to live together. So, how should the elderly in a similar situation protect their legitimate rights and interests in residence, Tao Jiyong, an outstanding people's mediator in Minhang District and a full-time mediator of the Real Estate Dispute Mediation Committee of Yuanqiao Town, is a guest of the program "I'll Help You".

Guest of this issue

Outstanding People's Mediator of Minhang District, Zhenqiao Town Real Estate Dispute Mediation CommitteeFull-time mediator Tao Jiyong

90-year-old Uncle Li (pseudonym), who has three sons, moved his house last year and got a 92-square-meter house and a 58-square-meter house, plus 350,000 yuan in compensation. Considering that the youngest son is married for the second time, and the daughter-in-law is married with a minor daughter, and the financial burden is heavier, Uncle Li gave the youngest son the largest house of 92 square meters, the second son of 58 square meters, and the eldest son to get 350,000 yuan in compensation, and the three brothers accepted this distribution plan gladly. When applying for the real estate certificate, the younger son was worried that if the father's name was registered on the property certificate, he would have to pay an inheritance tax after the death of the father, so he hoped that the father would agree that only his own and his wife's names would be registered on the property certificate of the property, and at the same time said that the father could always live with him and that he would fulfill his obligation to take care of the elderly.

After applying for the real estate certificate, Uncle Li and his youngest son lived together with a family of three, but their lives were not satisfactory. Uncle Li and his daughter-in-law, who have lived together for a long time, slowly developed a conflict, and they could not be reconciled for a while. In desperation, the father and son came to the Zhenqiao Town Real Estate Dispute Mediation Committee for help, and Tao Jiyong, a full-time mediator, accepted the mediation. It is understood that the main reason for the conflict is the difference in lifestyle. Uncle Li believes that he trusted the couple at the beginning, so he did not register his name on the property certificate, he gave up so much, and the husband and wife should follow themselves and care about themselves in life. The daughter-in-law said that the fairness is very strong, and there are many inconveniences for the three generations of grandparents to live together, and the husband has suffered a lot of grievances when he is caught in the middle. Considering that the relationship between Uncle Li and his daughter-in-law is already very tense, and the eldest son and the second son both have the idea of taking their father to live together, Tao Jiyong suggested that Uncle Li first go to the two sons' houses to live for a period of time to see who is more suitable for him to care for the elderly, and the younger son also said that although his father no longer lives with him, he will often visit and care for the elderly, so that the elderly can have a peaceful and peaceful life in their old age. The dispute was finally resolved.

In the show, Tao Jiyong thinks that Uncle Li is lucky, and his three sons are willing to support their father and take care of the old man's old age. But after mediating this family dispute, Tao Jiyong also gave a wake-up call to the citizens and friendsThere is a certain risk that the elderly will give all the shares of the property to their children through transfer, gift, etc., and the best way is to keep 1% of the share. This will allow you to preserve your property, avoid disputes, and at the same time protect your right to live in the house. It is also necessary to sign a written agreement to clarify the child's maintenance responsibilities.

Reporter: Zhou Yubo.

Editor: Zhao Ruonan.

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