As night falls, the hustle and bustle of the city gradually falls silent, and the lights come on, reflecting the brilliant light of the streets. Wang Qingru hurriedly carried a basket of fruits to his father's house. Before getting off work, she received a ** from her father, who mysteriously said that she had something to discuss and asked her to go home for dinner. The moment she stepped into the house, the aroma of the food came to her nose, but it was no longer the familiar taste to her.
Father's new wife, Aunt Luo took the fruit from Wang Qingru's hand, smiled and said, "Qingru is here, wash your hands and eat." The atmosphere at the dinner table was delicate and awkward, Lao Wang lowered his head to eat, occasionally looked up at his daughter, and stopped talking, Wang Qingru could feel the complex emotions in his eyes. She sighed secretly, her father told her to go home for dinner, and sure enough, nothing good.
Many years ago, after his mother died, his father found a new partner, Aunt Luo. When they first met, Aunt Luo was kind and kind, and Wang Qingru thought that it was good for my father to have a wife in his later years. However, after the father got married, the relationship between father and daughter gradually became estranged.
My father always goes out with Aunt Luo's family on weekdays, and only when he is sick and hospitalized or needs to run errands, does my father remember that he still has his daughter.
After eating, Lao Wang called his daughter to the study, and as soon as Wang Qingru closed the door, his father said, "I plan to sell this house." There was a hint of resoluteness in his tone. Wang Qingru was stunned, and didn't know how to respond for a while.
This is the old house purchased by the father and mother, the family has lived here for decades, after the death of the mother, the father took Aunt Luo to live here naturally, but now they have only been married for a long time, and the father plans to sell the house. After a long time, Wang Qingru asked his father, then you will live next? Lao Wang laughed and said that you don't have to worry about this, you just need to cooperate with me to dispose of the house.
Wang Qingru knows his father's character very well, as long as he makes up his mind, even ten cows can't pull it back. If it continues, the father and daughter will only make it more embarrassing. She advised her father to think twice, but he insisted on his decision. Not long after, Lao Wang really sold the house and moved into Aunt Luo's house.
However, soon after, Lao Wang approached his daughter again and asked for a residency right in her daughter's house. This time, Wang Qingru was completely stunned. My father had a house, but he wanted to sell it, and now he has a large amount of money on hand, but he wants to establish a right of residence in his house. She felt that her father's purpose was not to provide for his old age, but to take back the house in his hands.
Wang Qingru promised her father that if he really needed her to take care of his old age, she would definitely welcome him to come and live. However, she could not meet her father's request for residency. Although the house was indeed purchased for her by her parents many years ago, the title deed only has her name on it. The father and daughter have their own words and cannot compromise. In the end, Lao Wang took his daughter to court.
Wang Qingru came to the courtroom with a hint of anxiety and expectation, and sat in the dock waiting for the outcome of the trial. The whole courtroom looked solemn and solemn, and the judge solemnly commented on the documents. Wang Qingru hesitated, not knowing if he could win the lawsuit.
After a long wait, the judge finally announced the verdict. He said: "According to the relevant laws of our country, Mr. Wang, as the sole nominal owner of the property, has the autonomy to the property. At the same time, according to our investigation and analysis of evidence, it was not found that the father had provided Ms. Wang with parenting, education and other support obligations, and did not enjoy the right to establish the right of residence in his daughter's residence in accordance with the law. Therefore, in this case, the defendant Wang Qingru ruled in favor of the defendant, and the father's claim was not established. ”
Wang Qingru breathed a sigh of relief, and the doubts and uneasiness in her heart were finally answered. She looked at the judge gratefully, then turned to look at her father. Lao Wang's face showed a trace of helplessness and remorse, this path was wrong, and he finally understood.
When Wang Qingru left the courtroom, he was a little tired, but he was also relieved. She understands that the relationship between father and daughter is irretrievable, and the contradictions between them are not just because of this house, but because of the accumulation of years. She had expectations for her father, but he was moving further and further away from hers. Now, she is finally able to let go of this past and start a new life of her own.
Uncle Gao's point of view:
1. The reason why the father wants to sell the house and ask for the right of residence in his daughter's house is out of consideration and need for his old age. The father's new wife, Aunt Luo, may not be able to provide adequate care and living benefits, so she wants to rely on her daughter's help. The relationship between father and daughter has become indifferent, probably because the father went out with Aunt Luo's family to play, was sick and hospitalized, and other behaviors made the daughter feel left out. The father hopes to broaden the communication and relationship with his daughter by selling his house and establishing residency rights, so that they can become closer to each other.
Aunt Shu's point of view:
1. The father sold his house and demanded that his daughter establish a right of residence in his house for the purpose of selfish interest and threat. The daughter has been treated indifferently by her father and Aunt Luo's behavior and is no longer part of their important relationship, while the father wants to continue to exert pressure and control over her by taking control of his daughter's property. The father's taking his daughter to court shows that he is not caring about the family's feelings, only cares about his own interests, and tries to threaten and retaliate against his daughter. This kind of behavior is not only disrespectful to the wishes of the daughter, but also further damages the relationship between them.
Providing legal advice:
1.Regarding the inheritance of property: According to Article 11 of the Inheritance Law of the People's Republic of China, children enjoy the right to inherit the property disposed of by their parents during their lifetime, regardless of how it is passed on to others. However, in this case, since only Wang Qingru's name was on the title certificate, it meant that the property was Wang Qingru's personal property, and her father had no right to inherit.
2.Regarding the right of residence: According to the relevant laws and regulations of the People's Republic of China, parents have the right to request the establishment of the right of residence in the child's residence when they provide upbringing, education and other support obligations for their children and perform labor. However, in this case, the father had not lived in Wang Qingru's residence, so he could not claim the establishment of a right of residence.
3.Regarding liability for breach of contract: According to Article 58 of the Contract Law of the People's Republic of China, if a party violates the contract or fails to perform its contractual obligations, which damages the interests of the other party, it shall bear the liability for breach of contract. In this case, Wang Qingru did not sign any written contract with her father and therefore should not be liable for breach of contract.
According to the above legal provisions, Wang Qingru did not need to make any adjustments to the residency claimed by her father in this case. The father failed to prove that he had provided upbringing, education and other support obligations to Wang Qingru, and the title certificate only had Wang Qingru's name on it, so he could not claim the right of residence in Wang Qingru's residence. Wang Qingru enjoys the right to dispose of his property independently in the absence of breach of contract. It is hoped that the court will make a fair ruling and safeguard the legitimate rights and interests of the parties.