Lawyer Wang Yonghu explained in the case that if he is old and has financial difficulties, can he cl

Mondo Social Updated on 2024-03-01

Brief facts of the case] Zheng Mulan and Hu Xiangzhong registered their marriage on October 19, 2006, and the parties did not have any children after the marriage. On March 20, 2014, the (2014) Jin Min Chu Zi No. 2 Civil Judgment was rendered: 1. Granting a divorce to Hu Xiangzhong and Zheng Mulan; 2. Hu Xiangzhong shall pay Zheng Mulan a transition fee of 800 yuan per month from May 2013 to March 2014, totaling 8,800 yuan, within 10 days after this judgment takes effect.

Zheng Mulan filed a lawsuit with this court: 1The court ruled that Hu Xiangzhong gave Zheng Mulan a house to live in in the house involved in the case; 2.The litigation costs of this case were borne by Hu Xiangzhong.

The court ruled that the plaintiff Zheng Mulan's claim was dismissed.

Lawyer's analysis] The right of residence means that the owner of the right of residence has the right to occupy and use the usufruct of the residence of others in accordance with the contract, so as to meet the needs of life and residence, and to establish the right of residence, the parties should enter into a contract of the right of residence in writing, and the parties also unanimously confirmed in the trial that the two parties did not sign a written contract of the right of residence. Zheng Mulan is now 61 years old, and if she has existing living or financial difficulties, she can ask her daughter to fulfill her maintenance obligations. In summary, Zheng Mulan's claim that Hu Xiangzhong gave him one of the houses involved in the case has no factual and legal basis, and the court will not support it.

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