Lao Li is a native of Jiaxing. He is in his 70s. His wife died of illness more than ten years ago, leaving him and his son to live in a house with three bedrooms and two living rooms. Lao Li's son has no job, so Lao Li allocated a portion of his pension every month to his son as living expenses. Lao Li's daughter remarried after divorce and rarely visited Lao Li.
In 1995, Lao Li's son got married. After his daughter-in-law entered the house, she took good care of Lao Li in life. Not long after, my son went out to work, and my daughter-in-law took on the responsibility of taking care of her father-in-law alone. Throughout the year, Lao Li had a cold, fever or illness and was hospitalized. His daughter-in-law was taking care of her carefully and never saw her own children. After a long time, Lao Li was very grateful to his daughter-in-law and decided to donate the property under his name to his daughter-in-law. Fearing that their children would object, Lao Li and his daughter-in-law secretly handled the gift agreement.
Things are unpredictable in the world, but such a good daughter-in-law doesn’t know how to cherish her son. Due to long-term separation between the two places, in January 2017, Lao Li's son filed for divorce and discovered the house when he was dividing the property of his husband and wife.
Lao Li's son believes that the property was obtained by the mother and her father during their lifetime by changing the property to a house of , and should be the shared property of their parents. After the mother passed away, as heirs, the house should be the common property of the three, and the father has no right to deal with it privately. Lao Li believes that the house belongs to him and has the right to deal with it. "What I value is who can take care of me and give me a care for me and send me off to the end. Those two children cannot count on it."
Since then, the family has been quarreling constantly and even fought, which has become a family "war".
[Lawyer's Statement]
The guest of Mr. Li's request for help was Mr. Zhang Guowei, a guest of the Evening News "Lawyer is by his side", the secretary of the Youth League Branch of Zhejiang Guoao Law Firm, and a member of the Civil and Commercial Committee of Jiaxing Lawyers Association.
After consulting, lawyer Zhang Guowei analyzed the case:
According to Article 26 of the " Inheritance Law" in my country: "If the property jointly owned by a husband and wife during the marriage is divided, if the inheritance is divided, half of the property jointly owned by the spouse should be divided into the spouse's estate, and the rest is the inheritance of the deceased."
In this case, the property is the joint property of the couple and his wife. Now that Lao Li's wife has passed away, half of the property disputed belongs to Lao Li, and the other half is inherited by Lao Li and his children. Because the heirs did not inherit the estate, the house should be the shared property of Lao Li and his children, and Lao Li has no right to dispose of the property alone.
It is now that Lao Li donated the shared property to his daughter-in-law without the consent of his children. According to Article 51 of the Contract Law of my country, "If a person without the right to dispose of others' property is ratified by the right holder or the person without the right to dispose of the contract, the contract is valid." It is now that Lao Li's children have not ratified it, and the gift contract should be deemed invalid.
[Lawyer's Reminder]
After the lawyer's advice, Lao Li proposed mediation to the local judicial office . After coordination by the judicial office, Lao Li's children ratified the gift agreement. Lao Li's daughter-in-law appropriately compensated Lao Li's children in cash, and the house was still lived by Lao Li. Lawyer reminds: When disposing of real estate, it should be clear whether you have the right to dispose of it, otherwise disputes will be prone to arise.
Source: Nanhu Evening News
Editor: xx
