The two are married, and through the bond of marriage, they can become close relatives. If you are divorced, legally speaking, you are a "stranger" who has broken away from the relationship between husband and wife. Although there is a saying that "you can still be friends after separation", after separation, it will be awkward to meet again, so more people will adopt the attitude of no longer contacting after separation.
The feelings of two people are diluted by lack, and if life is only tormented, divorce is also a good way. There is nothing wrong with not contacting after divorce. But if the husband and wife break up and are still struggling, then divorce cannot solve the ordeal. After the divorce, Qiu mou also encountered his own small troubles.
Qiu Mou met her ex-husband Chen Mou more than ten years ago, the two of them were dry firewood, out of control, stimulated by hot love, did not fully understand the convenience of marriage. It is conceivable that the foundation of such a marriage is very weak and will not go far.
After the two formed a family, they found that their personalities were incompatible, and there were often quarrels and gaps, and the final result of the quarrel was naturally that the emotions became weaker and weaker. Later, Chen was unfaithful to the marriage and cheated. So the two people who did not have much affection dispersed, and the child of several years old followed Qiu.
Logically, when two people divorce, they no longer have anything to do with each other. However, the marriage of Qiu and Chen was divorced from "breaking the thread", which really responded to Li Yu's sentence "The cutting is continuous, and the reason is still chaotic". First of all, the two had a big fight over the division of property, Chen wanted to take half of the house, but Qiu did not rely on it; then Chen's parents insisted on living in, occupying the territory and not willing to leave.
Next, let's talk about Qiu's first trouble. It is reasonable to say that the husband and wife have common property, divorced, and Chen Mou's request to divide the house where the two have lived for many years is also reasonable. According to Article 1062 of the Civil Code, the following property acquired by husband and wife during the existence of the marital relationship is the common property of the husband and wife and belongs to the joint ownership of the husband and wife: wages, bonuses, and income from production and operation; Proceeds of intellectual property rights, inheritance or gift of property; other jointly owned property; property donated by parents after marriage registration.
However, Qiu Mou's disobedience is also based on it, because this house is not the joint property of husband and wife at all. According to the law, some specific benefits obtained during the marriage relationship between husband and wife are joint property, and the period of existence refers to the period after the marriage of the husband and wife until the death or divorce of one of the spouses.
The house was purchased by Qiu's family, and the purchase time was before the two got married. If it is joint property, then Qiu and Chen both enjoy equal rights to dispose of it, but this house is not the common property between husband and wife at all, let alone the equal division of real estate, sometimes the wife's is not necessarily the husband's.
In the house, Chen Mou could not ask for benefits, and his parents actually moved into Qiu Mou's house by looking at their grandson. In fact, after Qiu and Chen divorced at the beginning, his parents' luggage was still not moved, they said that it was too complicated, and they had to move a little. Qiu Mou's heart is soft, thinking that the old man will be fine if he moves slowly, so she has not even changed the door lock, and her kindness has become a hidden danger.
Two elderly people came to Qiu's house every three to five to stay for a few days, but when they left, they only took a few items with them. They say "a little bit of moving", moved for eight or nine years have not been cleaned. Later, he said that he would take care of his grandson and directly lived there.
To say that before, it was a mother-in-law relationship, and it was reasonable to live in. But now that he is divorced and cut off this layer of contact, Qiu is of course not happy. But every time she said to let the second elder go out, they actually threw up, lay on the ground and did not move, threatening to drag them out if they had the ability, so that the neighbors could see this good daughter-in-law! Qiu Mou said kindly to them that she had divorced Chen and asked them to find Chen. But the two old men said with a straight face that Chen had married a wife and had children, and that the family was too small to live in.
Qiu Mou was really speechless, and she couldn't move roughly, throwing the two old people out the door. However, what is even more indignant is that the two old people still have the habit of picking up waste, piling up the items they have picked up in the living room of the house, and the smell is wafting all over the house, and even complained about by neighbors. But the two old men still went their own way and regarded Qiu's family as their own.
The rabbit is forced to bite people, Qiu mou really can't stand it, contact Chen himself, let him take his parents back. Who knew that Chen Mou was ashamed to say that there was no bed in his home, so he let his parents move away, did he want to sleep on the street? He also said that supporting his parents was Qiu's obligation.
When encountering rogues, it is even more angry to meet rogues without culture. Article 26 of the Civil Code does stipulate that adult children have the obligation to support, support and protect their parents. However, Chen and Qiu divorced, and the two no longer have any relationship in law, so there is no obligation to support. In terms of obligations, this is still Chen Mou's failure to fulfill the obligation of supporting and supporting his parents.
Things got to this point, Qiu no longer had expectations for Chen, and she resolutely called the police. In fact, according to mainland law, Chen's parents' behavior is illegal, and even suspected of violating the criminal law, and will bear criminal responsibility. According to Article 39 of the Constitution, the residences of citizens of the People's Republic of China shall not be infringed. Article 245 of the Criminal Law also clearly stipulates that whoever illegally searches another person's body or residence, or illegally invades another person's home, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Chen's parents' behavior is illegal intrusion into other people's homes, if they initially obey Qiu's persuasion to move out, perhaps this case is only a small civil dispute, but they stubbornly ignore it, will only escalate the dispute to a criminal case, and will face a fixed-term imprisonment of less than three years or criminal detention.
It is believed that in the end, the law will return Qiu a fair trial, and Chen's parents will also pay the price for his unreasonable and irresponsible behavior. Respecting the elderly is a virtue, relying on the old and selling the old is immoral, do not rely on the old age and do whatever you want, the law has its own decision, and justice is free in the world.