Is the maintenance obligation of daughters and sons divided equally or is there more and who is less

The obligation to support parents is generally shared more by sons, because daughters marry out, it is still not so convenient to support parents after all, and as a son, they have to bear the responsibility of supporting their parents.

The maintenance obligations of sons and daughters are the same, but in reality, most sons inherit most or all of their parents' property, so most parents live with their sons, and daughters bear relatively less.

If the conditions are comparable, it can be evenly apportioned.

If it's different, if the conditions are good, pay more.

Parents are unconditional in raising their children.

Are the maintenance obligations of daughters and sons shared equally or are there more and less water? The law stipulates that daughters and sons have the same maintenance obligations.

1. Daughters and sons have the same obligation to support their parents. Both sons and daughters should fulfill their obligation to support their parents in accordance with the law, and there is no division of the proportion of maintenance obligations. Adult children shall support and support their parents, and no one may change them in any way or impose any restrictions on them.

2. Legal basis: Article 1067 of the Civil Code of the People's Republic of China.

If the parents do not fulfill the obligation to support them, the minor children or adult children who are unable to live independently have the right to demand that the 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.

Article 1069.

Children shall respect their parents' marital rights and must not interfere with their parents' divorce, remarriage, or 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.

2. Do daughters and sons have the same inheritance rights?

If the inheritance is carried out by legal means, the children are the heirs in the first order, so the inheritance rights are the same, and the inheritance is divided equally in principle. 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 inheritance when the inheritance is distributed.

Legal analysis: Under normal circumstances, alimony is paid, and if you refuse to pay, the court can directly transfer funds from your account and will not have other responsibilities. However, if the consequences are serious, such as deliberately concealing and transferring assets to evade court enforcement, or causing maintenance, serious injury, death, etc., it will be dealt with as the crime of refusing to execute the court judgment, or the crime of abandonment, etc., which may lead to imprisonment.

Legal basis: Article 21 of the Law on the Protection of the Rights and Interests of the Elderly: The freedom of marriage of the elderly is protected by law.

Children or other relatives must not interfere with the divorce, remarriage, or post-marital life of the elderly. The maintenance obligation of the supporter is not diminished by changes in the marital relationship of the elderly.

Article 22 of the Law on the Protection of the Rights and Interests of the Elderly: The elderly enjoy the right to occupy, use, benefit and dispose of their personal property in accordance with the law, and their children or other relatives shall not interfere with it, and shall not infringe upon the property rights and interests of the elderly by stealing, defrauding, or forcibly extorting it. Elderly persons have the right to inherit the inheritance of their parents, spouses, children or other relatives in accordance with the law, and have the right to accept gifts.

Children or other relatives must not encroach upon, snatch, transfer, conceal, or damage property that should be inherited or donated by the elderly. Where an elderly person disposes of property by will, the necessary share shall be reserved for the elderly spouse in accordance with law.

1. "If the property is not redivided (i.e., the house is still inherited by the woman), how will the maintenance obligations between the man's wife and the man's sister be distributed?" Does the eldest son (who has reached the age of 20 and is in his second year of university) have the same maintenance obligations as the daughters who have married him? ”：

1) The obligation of maintenance and the redivision of property or the inheritance of the man's property are two legal relations, that is, two different things, and cannot be mixed together.

2) Regarding the obligation of support: After the death of the husband, the mother-in-law shall be supported by the three daughters, and the man's wife and son have no obligation to support, but the man's wife has fulfilled the main obligation of support to the mother-in-law after the death of the husband, and obtains the inheritance right of the mother-in-law's estate and is the legal heir in the first order.

3) Regarding the property after the death of the husband: whether it is self-reserved land or homestead: if it is in the name of the in-laws, the property belonging to the in-laws is still owned by the in-laws; Half of the joint property of the husband and wife after marriage is the inheritance, and if there is no will, it is jointly inherited by the woman, her in-laws, and the man's two sons, and it is generally divided equally.

The other half of the joint property of the husband and wife after marriage belongs to the woman.

4) Among the above estates: if the in-laws and the man's two sons voluntarily give up the inheritance to the woman, or they have not requested the division of the man's estate for more than 2 years since they knew or should have known that they have the right to inherit the man's estate, or have not claimed the division of the estate for more than 20 years since the man's death, the estate can be fully vested in the woman, and it is impossible to redivide it: but whether to redivide the estate has nothing to do with whether the three daughters of the in-laws are supporting the in-laws.

5) To sum up: the in-laws should be supported by 3 children, the daughter-in-law can be supported voluntarily, and the 2 grandchildren have no obligation to support. However, the in-laws have the right to demand the division of the son's estate after the death of the son, and this right is also a two-year statute of limitations.

2. "If the property is redivided (all the property is divided in two, the part that belongs to the wife is owned by the wife;The half that belongs to the husband is divided according to the wife, the in-laws, the eldest son, and the second son, and each inherits a share. Does the woman still have an obligation to support her in-laws?Does the eldest son of the woman still have an obligation to support his grandmother?

(1) Emphasis: Whether the husband's estate is redivided has nothing to do with the support of the two grandchildren and the support of the three daughters. Regardless of whether the estate is redivided or not, the elderly should be supported by the three daughters, the daughter-in-law can take the initiative to support them, and the grandchildren have no obligation to support them.

Moreover, the only people who can ask for a re-division of the inheritance are the old man and his two grandchildren: one of the grandchildren is an adult and can control the inheritance by himself, or he can decide to have his mother in charge;The younger grandson is still a minor, and his share of the estate is in the hands of the mother's guardian.

2) Regardless of whether the estate is redivided: the woman has no legal obligation to support the elderly, nor does she have the right to inherit the elderly's estate, but if she voluntarily supports the elderly, she also obtains the right to inherit the elderly's estate.

The content of the child's support for the parents.

1. The subject of the obligation of support and support is an adult child who has the ability to live independently. Although Article 21 of the Marriage Law does not limit children to adult children and must have the ability to live independently, China's Constitution clearly stipulates that adult children have the obligation to support and support their parents.

2. The content of maintenance and assistance. Maintenance refers to the financial support that a child provides to his or her parents. That is, to provide the necessary living expenses and give material help.

Support refers to the spiritual comfort and life care that children give to their parents. Children must consciously fulfill their obligation to support and support their parents who have lost their ability to work and have real difficulties in life, so that the elderly can live out their old age in peace.

The main content of alimony payments.

1. Basic alimony for the elderly. It mainly includes the clothing, food and daily expenses that the elderly will inevitably incur;

2. The cost of illness of the elderly. When an elderly person files a lawsuit with the court for a maintenance dispute, the people's court shall determine that the medical expenses that have already been incurred and the relatively certain medical expenses that must be incurred in the future for those who have suffered from some chronic diseases shall be determined to be borne by the supporter as the content of the payment. However, the amount and timing of large medical expenses that may occur in the future are uncertain.

Therefore, it is generally not possible to make a judgment in favor of a claim for a large amount of medical expenses that may be incurred by an elderly person in the future. From the perspective of safeguarding the legitimate rights and interests of the elderly and reducing the burden of litigation on the elderly, this law is feasible.

3. The nursing expenses of the elderly who cannot take care of themselves. If the elderly are unable to take care of themselves, their children have the obligation to take care of their basic livelihood, but if they are unable to do so for some reason, the relevant expenses incurred by others or the pension institution for taking care of them on their behalf shall be paid by the children.

4. Housing expenses for the elderly. Dependents have an obligation to properly house the elderly. If the elderly have no house to live in and the elderly do not have their own house, the reasonable rent should be included in the alimony.

5. Necessary spiritual consumption expenditure. Moral maintenance for the elderly has become an indisputable legal principle, but there have always been doubts in the theoretical circles and trial practice about whether moral maintenance can be adjudicated and how to enforce the judgment if the judgment is made. In the author's opinion, although it is difficult to adjudicate and enforce the obligation of spiritual comfort, the most basic physical expenses for the spiritual enjoyment of the elderly, such as cable television, radio, books and newspapers, etc., can be determined to be borne by the obligor as the content of alimony payment.

6. Necessary insurance costs. In addition to social security, the necessary medical and other insurance benefits for the elderly should also be used for maintenance. Insurance not only provides maximum protection for the elderly, but also shares a lot of risk for children, which is very worth advocating.

According to the law, the duties and responsibilities of supporting the sons and daughters of the elderly are equal, and of course the rights in the inheritance of the estate after the death of the elderly.

Article 11 of the Law on the Protection of the Rights and Interests of the Elderly stipulates that the supporter shall fulfill the obligation of economic support, daily care and spiritual comfort for the elderly, and take care of the special needs of the elderly.

Supporters refer to the children of the elderly and other persons who have the obligation to support them in accordance with the law.

The spouse of the supporter shall assist the supporter in fulfilling the maintenance obligation.

Article 10 of the Inheritance Law stipulates that inheritance shall be carried out in the following order:

First order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit.

The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Children here refer to sons and daughters.

Of course, the specific way to support can be divided according to the actual situation of each person, that is, to contribute forcefully, and to contribute if there is money. Those who contribute can pay less.

It is an equal duty to support the elderly and their daughters, and they have a shared obligation.

Legally speaking, sons have the same obligation to support the elderly as women, and there is no essential difference. But in real life, the majority of the elderly live with their sons, and their sons have more obligations, mainly because:

First, the traditional thinking of the Chinese is to raise children and prevent old age. The daughter who marries out is an outsider. Second, the old man generally inherits the property to his son in the distribution of property. And when he gets married, buys a house and buys a car, the old man also gives all the money to his son.

There is nothing to divide, they are all parents, and as children, they all have the obligation to support.

The same. The law stipulates that daughters and sons have exactly the same obligation to support their parents, and this obligation is statutory and cannot be changed for other reasons. Children have an obligation to support their 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.

Daughters have the same maintenance obligations as sons, and there is no difference between daughters and sons: the Constitution stipulates that adult children have the obligation to support their parents. Children have the obligation to support their parents, and when the children fail to fulfill their maintenance obligations, parents who are unable to work or have difficulties in living have the right to demand maintenance from their children.

The main content of maintenance and support means that under the existing economic and social conditions, children should financially provide their parents with necessary daily necessities and expenses, and should respect, care and take care of their parents in life, spiritually and emotionally. 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. In order to protect the legitimate rights and interests of the dependents, when the children fail to perform the maintenance obligations, the parents who are unable to work or have difficulties in living have the right to demand the payment of alimony from the children.

Those who refuse to perform may be resolved through litigation, and where the circumstances are heinous and constitute a crime, their criminal responsibility is to be pursued in accordance with law.

Question: Lawyer: The son doesn't care about the mother, the daughter-in-law looks for the mother, isn't that wrong, what should I do?

Hello, are you satisfied with the answer I provided? If you have anything else you want to ask, you can say it, and I will try my best to answer it for you!