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再婚丈夫去世留遗产 继母继子上演遗产战

作者:admin  日期:2019-03-07 14:01  人气:
现年八十有余的王老太与失去妻子的韩某老夫组合家庭,后韩老生病去逝,留有遗产,因遗产分割问题韩老之女与王老太发生纠纷,王老太一气之下将韩老子女告上法庭。近日,射阳法院对该案作出一审判决。
 
More than eighty old Mrs. Wang and her husband, who lost their wives, formed a family. Later, Mrs. Han died of illness and left a legacy. Because of the dispute between her daughter and Mrs. Wang, Mrs. Wang was so angry that she took her children to court. Recently, Sheyang Court made a first-instance judgment on the case.
 
 
 
韩老原妻颜某于1985年病故,韩老便于王老太1989年11月17日同居生活,韩老于2008年3月14日病故,韩老与前妻生有七个子女,对遗产继承王老太与韩老七子女有争议,王老太便于2009年1月诉来本院,要求对座落于合德镇某小区3楼房屋即86.48平方米和12万元存款进行分割, 给付王老太应得的韩老遗产份额11万元。审理中,韩老七个子女认为房屋是韩老个人财产,12万元存款不存在,王老太对分割12万元遗产的请求表示放弃,对房产的分割主张5万元。王老太与韩老同居前,韩老与前妻及其子女居住西兴街,1999年县政府拆迁时,将该房拆除120.16平方米,自己购置了坐落于争议安置房86.48平方米,又将31.74平方米转入戴某户合并安置,戴某给付韩老5399.2元,韩老取得拆迁补偿款53418.25元,安置房价款57595.68元,相抵后实交房款4177.43元。庭审中,双方对该房议价16万元。王老太陈述购买安置房后,经和韩老装璜后居住至今,韩老认可装璜,但认为装璜款中有出让给戴某31.74平方米安置房价款在内,王老太认为戴某给付的5399.20元已补交购房差价。韩老于2008年2月14日到射阳县公正处立遗嘱,明确与王老太共同生活期间的住房和西兴街未拆迁的二间房屋,属于自已的财产由七个子女共同继承(即本案被告)。
 
Han Laoyuan's wife, Yanmou, died in 1985. Han Lao was easy for Wang Lao to live together on November 17, 1989. Han Lao died on March 14, 2008. Han Lao and his ex-wife had seven children. There were disputes about the inheritance of Wang Lao-tai and Han Lao-seven children. Wang Lao-tai was easy to sue the courtyard in January, 2009. She demanded that the houses on the third floor of a community in Hede Town, i.e. 8648 square meters and 120,000 yuan deposit be divided. Pay Mrs. Wang the share of Han Lao's inheritance of 110,000 yuan. During the trial, seven children of Han Lao believed that the house was his personal property and 120,000 yuan deposit did not exist. Wang Lao-ma gave up her request to divide 120,000 yuan inheritance and advocated 50,000 yuan for the division of real estate. Before Wang Lao-tai and Han Lao lived together, Han Lao lived in Xixing Street with his ex-wife and children. In 1999, when the county government demolished the house, 120.16 square meters were demolished, 86.48 square meters of disputed resettlement house were purchased, 31.74 square meters were transferred to a household for merger and resettlement. Dai Mou paid Han Lao 5399.2 yuan, and Han Lao received 53418.25 yuan for demolition compensation and 57595.68 yuan for resettlement house price, which offset each other. Later payment was 4177.43 yuan. During the trial, the two sides negotiated a price of 160,000 yuan for the house. Old Mrs. Wang stated that after purchasing the resettlement house, she had lived with him since then. Old Mrs. Han approved the decoration, but thought that 31.74 square meters of resettlement house price was transferred to Dai Mou. Old Mrs. Wang thought that 5 399.20 yuan paid by Dai Mou had paid the purchase price difference. On February 14, 2008, Han Lao went to Sheyang County Justice Office to make a will. He made it clear that the house he lived with Mrs. Wang and the two houses that had not been demolished in Xixing Street belonged to his own property, which was inherited jointly by seven children (i.e. the defendant in this case).
 
 
 
法院审理后认为,原告王老太与被告之父韩老于1989年11月以夫妻名义同居生活至1998年,应属事实婚姻关系,期间购置的座落于射阳县合德镇某小区三楼房屋及室内财物应属夫妻共同财产,韩老死前对房产办理遗嘱公正,明确将房产中属于自己的部份,让七个子女继承,不违背法律规定,韩老太要求对韩老自己部份之外的财产, 要求继承应予支持;但该房的产生是韩老与前妻颜某生前的部份房屋拆迁政府补偿金57595.68元购买,虽经装璜后使用多年,但韩老前妻颜某死后,未发生继承,故这这部份投入应视为韩某个人财产,应当在现房产价款16万中剔除,余102484.32元应为王老太与韩老共同财产,王老太应享有一半的份额,另一半应为同一继承顺序的原、被告共同分配,两项合计原告应得该房价款57648.43元,鉴于原告对这项请求仅主张5万元,低于应得份额,本院应按其请求标的裁判;因原告分得该房的小部份,宜将该房产归并给被告;原告对第二个诉讼请求在本案中放弃主张, 本院应当准许。遂作出争议房屋(含附房财物)归韩老七个子女所有,七被告于本判决生效后十日内给付原告王老太人民币5万元,原告王老太同时将该房屋(含附房财物)交付七被告。最终,遗产大战告一段落。
 
After the court's hearing, the court held that the fact that the plaintiff Wang Lao-tai and the defendant's father Han Lao lived together in the name of husband and wife in November 1989 to 1998 should be a marriage relationship. The house and indoor property purchased during the period should be the joint property of husband and wife on the third floor of a residential district in Hede Town, Sheyang County. Before his death, Han Lao-tai made a just will on the property, and made it clear that the property belonged to his own part and let seven children succeed. Undertake, do not violate the provisions of the law, Mrs. Han asked for inheritance should be supported; but the production of the house was Han Lao and his ex-wife, Yan Mou, part of the previous house demolition government compensation of 57595.68 yuan purchase, although after years of use, but after the death of his ex-wife, Yan Mou, Han Lao, did not inherit, so this investment should be regarded as a Korean property, should be. The remaining 102,484.32 yuan should be the common property of Wang Lao-tai and Han Lao, Wang Lao-tai should enjoy half of the share, the other half should be the same inheritance order of the original, the defendant, the two total plaintiffs should be the house price of 57648.43 yuan, in view of the plaintiff's claim for this request only 50,000 yuan, less than the share deserved, the court should judge according to the plaintiff's request target; If the plaintiff shares a small portion of the house, it is advisable to merge the property with the defendant; if the plaintiff waives his claim for the second claim in this case, the court shall grant it. The disputed house (including property attached to the house) belonged to Han Lao's seven children. Seven defendants paid the plaintiff Wang Lao-tai RMB 50,000 within ten days after the judgment came into effect. The plaintiff Wang Lao-tai also delivered the house (including property attached to the house) to seven defendants. Ultimately, the legacy war is over.

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