On Monday morning, ** rang, "Judge, I'm in the people's court now, and I'm here to send you evidence." It was an old man's voice, and I hurried downstairs to receive it.
My father, who had been away from home for 30 years, came back to divide the demolition money
It was my son who beat my **, he beat me, and he has to sue me! "This is a dispute over the division of family and property, and the old man is Lao Zhang, who is the defendant, and he burst into tears, accusing his son of how to encroach on his relocation interests.
However, there is another version of the story in this case, in the mouth of his son, the plaintiff, who said: "My father abandoned me, my mother, and my brother thirty years ago. As compensation, he gave my brother and me all the shares of the house before, so the demolition money must not be his share! ”
When I asked about the physical altercation between the two sides, my son became even more angry and said, "The town gave us mediation, and the plan was originally negotiated, but my father suddenly changed his mind. Because I refused to give in again, he came up and fought with me, I was in self-defense, not on purpose to hit him! ”
Family cases are often acutely contradictory, and it is necessary to fully listen to the opinions of both parties and, if necessary, visit the grassroots level in order to accurately ascertain the facts. To this end, I visited the village committee and the demolition and relocation office, and finally got to know the whole picture. Although the dossier is only a thin one, the grievances and hatreds of both sides can be written in a book.
Defendant Lao Zhang is almost 80 years old, he is the father of the plaintiff Da Zhang and the third person Xiao Sheng, 30 years ago Lao Zhang and Xiao Sheng's mother Sheng mediated a divorce, the custody of the two sons belonged to the mother, and the father donated all his share of the homestead house to the two sons. Later, Lao Zhang remarried, but his hukou did not move out, and in 2017, the old house was moved, and according to the relocation policy, Lao Zhang and his remarried spouse were also used as resettlement population.
Relocation was originally a good thing, but the eldest son still hated his father for abandoning his wife and children back then, and he was very repulsive to his father. Therefore, the father Lao Zhang and his remarried spouse were placed in the household of the youngest son Xiao Sheng, and the mother Sheng was placed in the household of the eldest son Da Zhang.
The interests of the relocation were disputed, and the father and son fought
Unexpectedly, during the relocation, the youngest son Xiao Sheng, as the head of the household, refused to be demolished. Since Lao Zhang and his remarried spouse met the resettlement conditions, but did not meet the conditions for separate household separation, in order to ensure the legitimate rights and interests of Lao Zhang and his remarried spouse, the ** department placed the two into the eldest son's household.
According to the relocation policy, the resettlement area of each person is approved separately, which does not affect the interests of the eldest son's family. However, in this move, each household has another 20 square meters of adjustment area. The eldest son, Dazhang, has more fathers and stepmothers in the household, which means that the father and stepmother have to participate in the division of the 20 square meters. At this time, the eldest son also had an opinion, thinking that his father should not be in his own household, and resolutely refused to divide the demolition money and the transfer area.
Mediation was organized in the village and town many times, but the two sides had deep grievances, and the father and eldest son fought fiercely, and the mediation ended in failure.
As a result, the eldest son, Da Zhang, sued his father, Lao Zhang, to the people's court, asking the people's court to confirm that the demolition money and the area for adjustment should not be distributed to Lao Zhang. Lao Zhang also hopes to list himself and his remarried spouse in a separate household, and refuses to share a household with his son.
In the face of the "dead loop", how to break the game?
With this case in hand, I fell into deep thought. According to past judicial practice, for the claim for demolition money, Lao Zhang, as the foundation person, although he has donated the share of the house to his son, he still enjoys a share of the homestead ** subsidy, which should be divided according to law.
For the application for the adjustment of the area, the resettlement area that has not been actually purchased is only a predictable benefit, and has not yet been converted into actual property, and there is uncertainty as to whether it can be realized, so the division of the resettlement area that has not been purchased does not fall within the scope of the people's court's acceptance of the case, and only after the purchase does the divided house fall within the scope of the people's court's acceptance of the case. In this way, the problem returns to the original point, for the adjustment area, the two parties cannot negotiate and cannot buy a house; And if you don't buy a house, you can't divide it.
If only the judgment divides the demolition money, and still does not solve the fundamental demand for buying a house, isn't this "dead loop" what we often call "procedural idling"?
Think twice and don't look back. The best solution is to guide the two sides to reconcile, so that all parties can break out of this "dead end". The key is to do a good job of explaining the demolition and relocation policy to both sides, and guide them to let go of antagonism and seek common ground while reserving differences in their core interests.
So, after the trial, I talked to both parties heartily: "You could have chosen a house earlier, but because of the dispute over the adjustment area, now the sought-after room types are almost finished, and if you drag it out, you can only lose both sides in the end, and no one can choose a good house!" Both sides were lost in thought.
A settlement was finally reached, but the choice of housing made waves again
After many rounds of communication, the gap between the two sides became smaller and smaller, and the Dazhang family agreed to spend 10 square meters to buy a house for his father, and the two sides reached a settlement agreement.
The agreement was signed, and the two parties agreed to choose a house the next day, thinking that everything would be fine, but who knew that the next day they called with great fanfare**: Judge, I was deceived! My dad refused to choose a house at all, so if it dragged on like this, I didn't give in vain!? ”
After calming his emotions, I immediately contacted Lao Zhang. It turned out that it was not that he did not want to choose, but that he and his remarried spouse had a total of 70 square meters, and the 75 square meters of the house type that he was optimistic about a few days ago is gone today, if he chooses 90 square meters, the purchase price is not enough, and if he chooses 62 square meters, he wastes 8 square meters, so he is in a dilemma.
This settlement agreement did not come easily, and it would be a pity to give it up like this. I took the case and asked the president of the court, Chu Hongmei, who is a pacesetter in handling cases in courts across the country and is very experienced in this kind of case.
Chu Hongmei told me:"A lot of times, it's a problem in the office, and when you go out, you find that it's all the solution, you go to the demolition office to find out, and then try to see if there are other plans. ”
It's all a problem in the office, and it's a way to go out
After the coordination of the demolition and relocation office, two more 70-square-meter houses were found. I decided to go to the community with the plaintiff and the defendant to see the house, so that on the one hand, I could urge the parties to actively fulfill their obligations to choose a house and make payment; On the other hand, if the performance of the settlement agreement is not successful, I can immediately understand what the reasons for hindering the performance of the agreement are, and coordinate and resolve them in a timely manner.
After on-site inspection, although these two houses are suitable for size, it is a pity that the room type and floor are not suitable for the elderly. Lao Zhang immediately made a fuss about leaving, and Dazhang threatened when he saw this: "Today is the last day we agreed to choose a house, if you don't abide by the agreement, then I won't abide by it, and I won't give 10 square meters in the future!" ”
In the face of complex situations and the tense momentum of the parties, it is necessary to use reason to guide the parties to think.
I proposed: "Since you came, also look at the 62 square meters, after all, buying a house has to be considered comprehensively, area is not the most important factor, sometimes the house with a good house type and a good location is higher." ”
So, I accompanied them to run all over the community, from the floor, room type, area, lighting and other aspects of comparison, and finally found a 62-square-meter house, the house type and lighting are good, in front of the park and school, the scenery is refreshing.
Lao Zhang likes it very much, but he still feels sorry for the 8 squares. I saw his hesitation and said, "A good house doesn't wait for anyone, if you don't choose this house today, it may be gone tomorrow." The staff of the demolition and relocation office also persuaded and said: "You are old, you must choose a good house, if you want to go to a nursing home in a few years, sell the house, and go to the elderly comfortably." ”
Lao Zhang smiled: "You know our old man's mind too well, that's it, it's decided today!" ”
Before leaving, Lao Zhang excitedly shook my hand and said, "This matter in our family is indeed not easy, Judge Zhou, it has really been solved, thank you so much!" Let's take a picture together in front of the new house! ”
Looking at the elderly people in front of him, the persistence of these two months has become meaningful.
One small step and one big step forward
Another morning, Chu Hongmei told me: "The family you are looking at the house is here to send a pennant, you go and receive it!" ”
I was wondering if the defendant Lao Zhang had come to deliver the pennant yesterday, and the president smiled and said, "It was the defendant who came yesterday, and today it is the plaintiff." Both sides came, which means that this case is well handled! Gold and silver cups are not as good as the reputation of the common people!
Behind every family case is the bitterness and ups and downs of the parties, as well as the joys and sorrows of the family. How to use "warm justice" to "break the ice" for family disputes is our topic and mission. Activating justice, sometimes we take a small step, maybe it will make a big step forward in their happiness.