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Both sons and daughters have an obligation to support the elderly. As for whether to divide the property or not, that's the old man's business.
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Duty and affection, your parents have raised you for so long.
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Summary. It is an obligation to support the elderly regardless of the property of the daughter who needs to support the elderly. Maintenance refers to the material and living assistance provided by children or younger generations to their parents or elders.
Adult children who can afford it, regardless of gender, married or unmarried, shall make every effort in accordance with the law to fulfil this obligation until the death of their parents when their parents need support. The obligation of a child to support his or her parents occurs not only between a legitimate child and his or her parents, but also between an illegitimate child and his or her biological parents, between an adopted child and his or her adoptive parents, and between a stepchild and a stepparent who has fulfilled the obligation of support and education. Article 1088 of the Civil Code of the People's Republic of China provides that if one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation.
The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. Article 1067:Where parents do not perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support. Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.
It is an obligation to support the elderly regardless of the property of the daughter who needs to support the elderly. Maintenance refers to the material and living help of children or younger generations to their parents or elders. Adult children who are able to afford it, regardless of gender, married or unmarried, shall make every effort to fulfill this obligation in accordance with the law until the death of their parents when their parents need support.
The obligation of a child to support his or her parents occurs not only between a legitimate child and his or her parents, but also between an illegitimate child and his or her biological parents, between an adopted child and his or her adoptive parents, and between a stepchild and a stepparent who has fulfilled the obligation of support and education. Article 1088 of the Civil Code of the People's Republic of China provides that if one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
Article 1067:Where parents do not perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support. If an adult child fails to fulfill the obligation of support, the parents who lack the ability to work or have difficulties in life have the right to demand maintenance from the adult child.
Hello: Can my sister-in-law share my wedding house with me?
Are you asking if your sister-in-law can share the cost of the house with you?
The house you are married to belong to the common financial chain of your husband and wife, and the eldest sister-in-law cannot share it equally, but if the property is a shack for the elderly, it needs to be distributed according to the wishes of the elderly.
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Hello dear for your question, oh <>
If your daughter wants to provide for her old age without dividing her property, you can sue for Inheritance Law, Chapter 2, Statutory Inheritance, Article 9, Equality of Men and Women in the Right to Inherit Yuantong. Article 10 The inheritance of the estate shall be in the following order: first order:
Spouse, children, parents. Article 21 of the Marriage Law: Parents have the obligation to raise and educate their children; The child's obligation to support his or her parents is destroyed. The law stipulates that daughters not only have the responsibility and obligation to support their parents, but also have the right to inherit their parents' inheritance, and the two complement each other!
Tangerine Petan.
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There has never been a law like "daughters have to provide for their old age without dividing property" as you said, and from the original "Marriage Law" advocated equality between men and women, and you said that daughters do not share property, that is just a custom.
On April 30, 1950, the People's Republic of China promulgated the Marriage Law of the People's Republic of China, which was the first marriage law promulgated by the People's Republic of China, and came into force on May 1, 1950.
The content focuses on the adjustment of marital relations, and also touches on various important issues in family relations. "Abolish the feudal marriage system of arranged coercion, male superiority over women, and disregard for the interests of children. Freedom of marriage, monogamy and equal rights for men and women".
The full text is divided into 8 chapters, including principles, marriage, rights and obligations between husband and wife, relationship between parents and children, divorce, child support and education after divorce, property and life after divorce, and supplementary provisions, with a total of 27 articles.
2. On September 10, 1980, the Third Session of the Fifth National People's Congress passed the new Marriage Law of the People's Republic of China, which came into force on January 1, 1981.
3. On 28 April 2001, the 21st Session of the Standing Committee of the Ninth National People's Congress adopted the amendment to the Marriage Law of the People's Republic of China, and the newly revised Marriage Law came into force on the same day.
The Marriage Law was extended until December 31, 2020 and incorporated into the Civil Code on January 1, 2021.
It can be said that the Marriage Law, as amended on 10 September 1980, is relatively complete.
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Legal Analysis: A daughter inherits her parents' estate and is one of the first heirs. In the case of inheritance of parents' estate, if there is a will, it shall be executed according to the will; If there is no will, the inheritance is by way of statutory succession.
Children are the first in line of inheritance from their parents, and if their parents die, their real estate, as their legal property during their lifetime, shall be divided equally among the heirs in the same order as an inheritance. After the succession plan is determined, the heirs should go to the real estate registration center to go through the relevant registration hands".
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According to such a question given, at present, there is no clear regulation of how it should be improved, so it still takes time to verify.
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The daughter needs to provide for the elderly, but she also has the right to share the property of the elderly.
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Legal analysis: If you do not get a share of the family property, you should not starve to support your parents, and supporting your parents is the obligation of every child, and there is no relationship between not dividing the family property. The supporter shall not refuse to perform the obligation of support on the grounds of renunciation of inheritance rights, changes in the marital relationship of the person being supported, or other reasons.
Legal basis: Civil Code of the People's Republic of China Article 1130 The share of inheritance inherited by heirs in the same order shall generally be equal. Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance.
Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the estate when the estate is distributed. If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less. Where the heirs agree through consultation, it may also be unequal.
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