Whether the daughter in law has the obligation to support her original parents in law after remarria

When your relationship with your husband is dissolved, your relationship with your husband's parents is also dissolved. So you no longer have a maintenance obligation to them, unless, under some circumstances, you inherit their estate. However, the dissolution of your relationship does not mean that your daughter's relationship with them is dissolved, and your daughter is still their close relative (spouse, parent, child, grandparent) and is obligated to them and can also be their heir.

Report the Marriage Law of the People's Republic of China:

Article 21: Parents have an obligation to raise and educate their children; Children have an obligation to support their parents.

If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents.

In the event that a child fails to fulfill his or her maintenance obligations, the parent who is unable to work or who is in difficulty in living has the right to demand maintenance from the child.

Article 28: Grandparents who are able to afford it have the obligation to support their minor grandchildren whose parents have died or whose parents are unable to support them. Grandchildren who can afford it have the obligation to support their grandparents who have died or whose children are unable to support them.

Article 30: Children shall respect their parents' right to marry, and must not interfere with their parents' remarriage or their life after marriage. A child's obligation to support his or her parents does not end when there is a change in the marital relationship between the parents.

After the daughter-in-law remarries, she has no obligation to promote her original in-laws, and her granddaughter has no obligation to support her; In general, only children have an obligation to support their parents.

Let's see what others have to say.

Legal analysis: After being widowed, no matter whether they remarry or not, they have the right to inherit the inheritance if they have fulfilled the obligation to support the original bend and his in-laws. Where a widowed daughter-in-law has fulfilled the main obligation of support to his father-in-law or mother-in-law, or a widowed son-in-law has fulfilled his or her primary obligation of support, he is to be the first-order heir.

Legal basis: Article 1129 of the Civil Code of the People's Republic of China: Where a widowed daughter-in-law has fulfilled the primary obligation of support to her parents-in-law, or a widowed son-in-law has fulfilled the primary obligation of support, she shall be the first-order heir.

A daughter-in-law has no obligation to support her in-laws. Maintenance is a reciprocating obligation established on the basis of blood and dependency relationships. In Chinese law, there is no relevant provision that a daughter-in-law has the obligation to support her in-laws, and a daughter-in-law has no right to inherit her in-laws' estate under certain conditions.

There is no article in Chinese law that clearly stipulates that daughters-in-law have the obligation to support their in-laws, and not supporting their in-laws is not a violation of the law. Moreover, daughters-in-law have no legal status in family relations in our country. Therefore, the spouse of the supporter is not a legal supporter.

Although the law stipulates that the spouse of the supporter shall assist the supporter in the performance of the maintenance obligation, the obligation to assist is not the maintenance obligation and this provision applies only to the duration of the relationship. If the dependant dissolves the marriage with his or her spouse or if the supporter dies, the obligation of one of the spouses to assist in maintenance is automatically discharged.

No. The daughter-in-law has no legal obligation to support her in-laws, and the daughter-in-law and her in-laws are not the counterparts of the legal obligation to support, and it is their own children who have the legal obligation to support. However, the daughter-in-law shall assist the supporter in fulfilling the maintenance obligation.

1. The provisions of the Civil Code on daughters-in-law.

Article 167 of the Civil Code stipulates that parents shall bear the costs of child support. The first paragraph of this article stipulates: "If the parents fail to fulfill the obligation to support them, the minor children or adult children who are unable to live independently shall have the right to demand maintenance from the parents."

After seeing this law, many people think that the legal supporters of their parents are adult children, so the daughter-in-law and son-in-law do not have a legal obligation to support the parents of the spouse, and it is not illegal for the daughter-in-law or son-in-law not to support the parents of the spouse. However, we all know that rights and obligations are relative, and the first source of the Civil Code stipulates that "if a widowed daughter-in-law has fulfilled the main obligation of support to her parents-in-law, and a widowed son-in-law has fulfilled her main obligation of support, she shall be the heir in the first order."

Therefore, if the son-in-law and daughter-in-law do not bear the corresponding maintenance obligations, they will not have the corresponding inheritance rights.

2. Whether it is illegal for a daughter-in-law to refuse to support her in-laws.

According to the provisions of the Constitution, the Civil Code and other relevant laws of our country, those who have the obligation to support the elderly are the children of the elderly. In addition, if the elderly's children have died or their children are unable to support them, it is their grandchildren and grandchildren who are able to afford it.

It can be seen from this that the person who has the obligation to support is the child or grandchild or grandchild of the elderly; The daughter-in-law only has the obligation to assist the son in supporting her, but it is not illegal to refuse to support her.

The Civil Code stipulates that if a widowed daughter-in-law has fulfilled the main obligation of support to her father-in-law and mother-in-law, or a widowed son-in-law to her father-in-law or mother-in-law, she shall be the heir in the first order. From this, we can see that although the daughter-in-law has no obligation to support her in-laws, the law still encourages the daughter-in-law to support her in-laws.

3. Whether the wife is obliged to support her in-laws after the death of her husband.

When the husband dies, the wife is not obliged to support her in-laws. The scope of maintenance includes:

1. Legitimate children, illegitimate children, and dependent children of the elderly;

2. Stepchildren who have a dependency relationship with the elderly;

3. Affordable grandchildren;

4. The daughter-in-law is not a legal supporter and has no corresponding maintenance obligations, but the law stipulates that the supporter's spouse shall assist the supporter in fulfilling the maintenance obligation; In practice, however, the obligation to assist applies only to the duration of the conjugal relationship. In the event of the death of one spouse, the other spouse's obligation to assist automatically terminates.

The law does not stipulate that daughters-in-law have an obligation to support their in-laws. Therefore, whether the daughter-in-law is remarried or not, she has no obligation to support her in-laws, and the daughter-in-law only needs to assist her husband in supporting the elderly. The law stipulates that only children have the obligation to support the elderly.

1. Can the daughter-in-law inherit the old man's inheritance after the death of the son?

After the death of the son, if the daughter-in-law still fulfills the obligation to support the elderly, she can inherit the old man's estate as the first heir in line to the remnant. It should be noted that if the daughter-in-law only visits her in-laws occasionally after being widowed, or if she no longer supports her after a period of support, she cannot be deemed to have "fulfilled her main maintenance obligations" and cannot inherit her in-laws' estate as the first-order heir.

Who are the legal heirs?

1. Spouse; 2. Children, including legitimate children, illegitimate children, adopted children and stepchildren with a dependent relationship;

3. Parents, including biological parents, adoptive parents and step-parents with a dependent relationship;

4. Brothers and sisters, including siblings of the same parents, half-siblings or half-siblings, adoptive brothers and sisters, and step-brothers and sisters with a dependent relationship;

5. Grandparents and maternal grandparents. This includes step-grandparents and step-grandparents who form a dependent relationship;

6. Daughters-in-law and sons-in-law who meet the legal requirements. If the widowed daughter-in-law has fulfilled the main obligation to support her parents-in-law or the widowed son-in-law to her parents-in-law, she shall be the legal heir in the first order.

2. Can the daughter-in-law ask for compensation after the divorce?

In general, a man and a woman cannot ask for maintenance compensation before divorce, because under the Civil Code, the daughter-in-law and her in-laws are not the counterparts of the legal obligation to support, and it is their own children who have the legal obligation to support. Although the daughter-in-law and her in-laws are in a family relationship, the daughter-in-law has no obligation to support her in-laws, and naturally she does not need to pay alimony.

3. Do you have the obligation to support your ex-husband with filial piety?

A daughter-in-law can do her filial piety for her ex-husband, but she has no legal obligation to support her in-laws. The law stipulates that the obligation of parents to support their minor children, and the obligation of adult children to support their parents, refer to the children of biological parents, but if a widowed daughter-in-law has fulfilled the main obligation of support to her parents-in-law, and a widowed son-in-law has fulfilled the main obligation of support, she shall be regarded as the first-order heir.

Civil Code of the People's Republic of China

Article 1067:Where parents do not perform their obligation to support them, minor children have the right to demand that their parents pay child support.

Parents whose adult children do not fulfill their obligation to provide support, who lack the ability to work and who have difficulties in living, have the right to demand maintenance from their adult children.

Legal analysis omission: Yes, after remarrying, you have the right to inherit if you have fulfilled your obligation to support your original in-laws. and shall be the first-order heir.

According to the relevant laws and regulations, after the commencement of inheritance, it shall be handled in accordance with testamentary succession or bequest, and if there is no testamentary succession or bequest, it shall be handled in accordance with the statutory order of succession. The widowed daughter-in-law has fulfilled the main maintenance obligation to her in-laws, as the legal first-order heir.

Legal basis: Civil Code of the People's Republic of China

Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 1127 Inheritance shall be inherited in the following order:

1) First order: spouse, children, parents;

2) Second order: siblings, grandparents, maternal grandparents.

Article 1129:Where a widowed daughter-in-law has fulfilled the primary obligation of support to her parents-in-law, or a widowed son-in-law has fulfilled her primary obligation to support her parents-in-law, she is to be the first-order heir.